IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 Bail Appl..No. 5596 of 2010() ----------------------------- CMP.5985/2010 of J.M.F.C.,KASARAGOD (CRIME NO.976 OF 2009 OF KASARGODE POLICE STATION) .................... (S): PETITIONER ------------------------------ A.L.FAISAL, S/O.ABDUL LATHEEF NAYANMAR MOOLA, MUTTATHODY VILLAGE. BY ADV. SRI.SERGI JOSEPH THOMAS RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE KASARGOD POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5596 of 2010 ------------------------------------------------ Dated this the 22nd day of September, 2010 ORDER The petitioner, who is accused No.12 in Crime No.976/2009 of Kasaragod Police Station for offences punishable under Sections 143, 147, 148, 449, 354, 324, 120(B), 212, 364(A) & 302 read with Section 149 I.P.C., seeks his enlargement on bail. The occurrence took place on 30/12/2009. The petitioner was arrested on 12/8/2010. 2. The learned Public Prosecutor opposed the application submitting inter alia that Davood the brother of the de facto complainant was kidnapped and held in captivity for ransom and subsequently murdered and that the accused persons in furtherance of the common object armed with deadly weapons trespassed into the house of the de facto complainant and attacked his brother and his wife and outraged the modesty of de facto complainant's wife. 3. Having regard to the nature of the allegations levelled against the petitioner, the relative conduct of the parties, the nature of the injury sustained and the other facts and circumstances of the case, if the petitioner is released on Bail Appln.No.5596/2010 : 2 : 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