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. 7739 of 2010() ---------------------------------- (CRIME NO. 237/2002 OF ANCHAL POLICE STATION, KOLLAM DISTRICT) .......... APPLICANT/ACCUSED NO.1: --------------------------------- ABDUL KHADAR, AGED 48 YEARS, S/O.HYDROSE KUNJU, PONGUMMUKALIL VEEDU, ERAM MURI, ANCHAL VILLAGE, PATHANAPURAM TALUK. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE RESPONDENT(S): COMPLAINANT: --------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE C.I.OF POLICE, ANCHAL POLICE STATION. 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: svs/ V. RAMKUMAR, J. .................................................... Bail Application No. 7739 of 2010 ..................................................... Dated this the 7th day of December, 2010. ORDER Petitioner, who is accused No.1 in Crime No.237 of 2002 of Anchal Police Station for offences punishable under Sections 120(B), 143, 147, 148, 427, 460 and 302 r/w Section 149 I.P.C and Sections 3 and 5 of the Explosive Substances Act, seeks his enlargement on bail. The occurrence took place on 18.07.2002. The petitioner was arrested on 28.07.2010. 2. The learned Public Prosecutor opposed the application contending inter alia that even though the occurrence took place in the year 2003, the petitioner could be arrested only 7 years thereafter and that too from the Bombay Airport particularly after a look out notice. He had absconded from S.C. No. 1332 of 2004. Others faced trial and most of them were convicted by the Additional Sessions Court (Adhoc-I), Kollam. The case against the petitioner is now pending as S.C. No. 1204 of 2010. In case the petitioner is released on bail, he will make himself scarce and will not be available for trial. He has transnational connections on the strength of which he will flee from justice. B.A. No. 7739/2010 : 2: 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 and antecedents 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 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). rv