IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 Bail Appl..No. 5932 of 2011 CRIME NO.32 OF 2011 OF WADAKKANCHERY POLICE STATION, THRISSUR PETITIONER/ACCUSED NO.1: -------------------------------------- NATARAJAN, AGED 41 YEARS, S/O. VEERAPPAN, DOOR NO.34, UMAREYANNUR DESOM, VEPPAMARATHOOR.P.O., BHAVANI TALUK, ERODE DISTRICT, THAMIL NADU STATE. BY ADV. SRI.SALIM V.S. RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE CIRCLE INSPECTOR OF POLICE, WADAKKANCHERY. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5932 OF 2011 ------------------------------------------------------ Dated this the 9th day of August, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.32 of 2011 of Wadakkanchery Police Station, Thrissur District. 2. The offence alleged against the accused is under Section 302 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 6.1.2011. The petitioner was arrested on 11.1.2011. 4. Charge was filed on 20.3.2011. The case was committed to the Sessions Court as per the order in C.P.No.19 of 2011, on the file of the Court of the Judicial Magistrate of the First Class, Wadakkanchery. BAIL APPL. NO.5932 OF 2011 :: 2 :: 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. I was not inclined to grant bail to the petitioner, after hearing the arguments of the counsel. On 3.8.2011, a report was called for from the learned Sessions Judge as to whether the Sessions Case can be disposed of within the shortest possible time. The learned Sessions Judge, in the report dated 8.8.2011, stated that the case was pending before the Fast Track Court No.1 (Adhoc-1), Thrissur and the case was posted to 20.9.2011. That case was withdrawn to the Court of the Sessions Judge and the hearing of the case has been advanced to 12.8.2011. Learned Sessions Judge also reported that the case can be taken up and disposed of without delay provided, the accused also co-operates. 6. Taking into account the peculiar facts and circumstances of the case, the nature and gravity of the offence and the fact that the petitioner belongs to another State, I am of the view that the petitioner cannot be released on bail. If the petitioner is released on bail, there is every chance of the petitioner making himself scarce BAIL APPL. NO.5932 OF 2011 :: 3 :: and there is also chance of the petitioner indulging in activities to intimidate and influence the witnesses. The Sessions Case will be taken up without delay. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/