IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 Bail Appl..No. 7913 of 2010() ----------------------------- CMP.12473/2010 of J.M.F.C. - I, KARUNAGAPPALLY .................... (CRIME NO.1259/2010 AND 1260/2010 OF CHAVARA POLICE STATION, KOLLAM DISTRICT) .... PETITIONER(S): ACCUSED: -------------------------------------------- PRASAD @ VADIVAL PRASAD, AGED 34 YEARS, S/O. ARAVINDAKSHAN, EDASSERY THARA VEEDU, CHERUSSERYBHAGOM MURI, CHAVARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.RAMKUMAR, J. ------------------------------------------------- Bail Application No.7913 of 2010 -------------------------------------------------- Dated this the 07th day of December, 2010 ORDER The petitioner, who is accused No.5 in Crime Nos.1259 & 1260 of 2010 of Chavara Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324 & 302 read with Section 149 I.P.C., seeks his enlargement on bail. The petitioner was arrested on 14/11/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the occurrence is the outcome of the clash between sand mafia and the deceased who was aged only 28 years was done to death using weapons like stone, oar, etc. 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 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 Bail Appln.No.7913/2010 : 2 : 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. V. RAMKUMAR, JUDGE skj