IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 10TH MAY 2011 / 20TH VAISAKHA 1933 Bail Appl..No. 3358 of 2011 ----------------------------- CRIME NO. 458/07 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT ............... PETITIONER/2ND ACCUSED: ------------------------------- AJI @ MADAKKU AJI, AGED 31, KATTIL PUTHEN VEEDU, ANANKODE VILLAGE, NEAR MANOOR BHAGAN WATER AUTHORITY, ATTINGAL. BY ADV. SRI.M.R.SARIN RESPONDENT/COMPLAINANT: -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SMT.C.M.CHARISMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K. BALAKRISHNAN, J. - - - - - - - - - - - - - - - - - - - - - - B.A. No. 3358 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of May,2011 O R D E R Petitioner is the 2nd accused in Crime No.458/07 of Attingal Police Station, Thiruvananthapuram District. It was registered under Sections 143, 147, 342, 323, 395 of IPC and Section 31(1) of Scheduled Caste and Tribe (Prevention of Atrocities) Act. This application is for pre-arrest bail. 2. The nature of accusation and the severity of punishment in case of conviction and the materials collected in support of the allegations and the reasonable apprehension of the accused tampering with the witnesses and the apprehension of threat to the complainants are matters to be gone into while considering the application for bail. The materials available on record would prima facie show that there is merit in the complaint lodged by the complainant. 3. The prosecution contends that the accused are powerful persons who would interfere in the course of investigation and would also indulge in similar criminal activity and that they would B.A. No. 3358 of 2011 -:2:- tamper with evidence or witnesses and threaten or terrorise the witnesses and would indulge in similar such activities which would hamper smooth investigation. The contention raised by the prosecution is that there is likelihood of the accused fleeing to another country or making himself scarce by going underground or becoming unavailable to the investigating agency also cannot be ignored. Considering all these aspects, I am not inclined to grant bail to the accused at this stage. The application is dismissed. N.K. BALAKRISHNAN, JUDGE ttb