IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 Bail Appl..No. 4348 of 2010() ----------------------------- CRIME NO.121/06 OF CHANGANACHERRY POLICE STATION PETITIONER (S): -------------------- NAZER, S/O.ABDUL KHADER ANTHAMPARAMBIL VEEDU, 56TH MILE BHAGOM, PEERUMEDU VILLAGE PEERUMEDU. BY ADV. SRI.SOJAN PAVIYANOSE RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE CHANGANACHERRY POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.4348 of 2010 ---------------------------------------------- Dated 21st July, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 302, 120B, 109 read with Section 34 of the Indian Penal Code. According to prosecution, all the accused hatched a criminal conspiracy to commit murder and pursuant to such conspiracy and as instigated by some of the accused, on 4.2.2006 at about 8.30 p.m., while the deceased was riding a motor cycle, the accused chased him in a car and caused the car to hit the rear side of the motor cycle and he fell down and sustained injuries and died due to injuries. 3. Learned counsel for petitioner submitted that petitioner's name was implicated after about nine months of the incident. It is also submitted that petitioner surrendered before the court on 1.7.2010, but his application was dismissed. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that the crime was registered as early as in 2006, and petitioner was absconding for a period of about four years. If he is granted bail, it is likely that he will abscond. BA NO. 4348/10 2 5. On hearing both sides, I am also satisfied that there is every likelihood that petitioner may abscond. Petitioner has not been able to satisfy this Court that he may not abscond. In the above circumstances, I am not inclined to grant bail to petitioner. Petition is dismissed. K.HEMA, JUDGE. tgs