IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 Bail Appl..No. 1304 of 2009() ----------------------------- SC.885/2006 of ADDL. DISTRICT & SESSIONS COURT, VADAKARA .................... PETITIONER/6TH ACCUSED:- --------------------------------- JOSEPH @ JOSE, S/O.JOHNY ULAHANNAN, PULPPARAMBIL HOUSE, BATHERY AMSOM DESOM, WAYNAD DISTRICT. BY ADV. MR. T.G.RAJENDRAN RESPONDENTS/COMPLAINANT & STATE:- ----------------------------------------------- 1. DY.S.P, CRIME BRANCH, KOZHIKODE. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== B.A. No. 1304 of 2009 ====================== Dated, this the 19th day of March, 2009. ORDER Petitioner who is the 6th accused in S.C. No. 885 of 2006 on the file of the Additional District and Sessions Judge, Vadakara for offences punishable under Sections 143, 147, 148, 341, 364, 395, 307, 302 and 427 r/w Section 149 and Section 120(B) IPC., seeks his enlargement on bail. The petitioner was arrested on 29.02.2008. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner committed four other offences while on bail and that he jumped bail while he was being taken from court. 3. Having regard to the nature of the offences, the nature of legal injury sustained by the injured, the relatively short duration of the judicial custody undergone by the petitioner, the present stage of investigation and the other facts and circumstances of the case, I am satisfied that if the petitioner is released on bail, he will definitely influence and intimidate the B.A.No. 1304/2009 : 2 : prosecution witnesses. There is also the likelihood of the petitioner making himself scarce and fleeing from justice. I am, therefore, not inclined to grant bail to the petitioner at this stage. This petition is accordingly dismissed. Dated this the 19th day of March, 2009. V. RAMKUMAR, JUDGE. rv