IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 Bail Appl..No. 2142 of 2011() ----------------------------- CRIME NO. 116/CR/03 OF CBCID, KOZHIKODE .................... PETITIONER/A148:- -------------------- NIZAMUDEEN, AGED 28 YEARS S/O.MAMUKOYA, KALLUVETCHA VEETTIL HOUSE BEYPORE AMSOM AND DESOM, KOZHIKODE TALUK. BY ADV. SRI.P.K.VARGHESE RESPONDENT/ COMPLAINANT:- ------------------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA. ADV. MR. M.S. BREEZE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. .................................................... Bail Application No. 2142 of 2011 ..................................................... Dated this the 28th day of March, 2011. ORDER Petitioner, who is accused No. 148 in Crime No.116/CR/03 of CBCID, Kozhikode for offences punishable under Sections 120-B, 143, 147, 148, 449, 302, 307, 326, 324, 435, 427 and 153 (A) r/w Sections 34 and 149 IPC, Sections 3 and 5 of Explosive Substances Act. Sections 25(1)(A) and 27(1) of the Arms Act and Sections 7 and 9 of the Religious Institutions (Prevention of Misuse) Act, seeks his enlargement on bail. The occurrence took place on 02.05.2003. The petitioner was arrested on 15.10.2010. 2. The learned Public Prosecutor opposed the application contending inter alia that this is the second marad carnage case in which eight persons were slain to death and the occurrence took place on 02.05.2003 and the petitioner who is accused No.148, has been absconding throughout and has made his appearance only after the trial of the main case and if released on bail, he will flee from justice. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioner, the relative conduct of the parties, the extent of the injury sustained, the B.A No. 2142/2011 : 2: propensities of the petitioner, the sentiments of the near relatives of the victim and the other facts and circumstances of the case, I am of the view that if the petitioner is released on bail, he will definitely influence and intimidate the 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. sd/- V. RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.