IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 Bail Appl..No. 682 of 2011() ---------------------------- CRIME NO.153/2007 OF VANDANMEDU POLICE STATION CC.631/2007 of J.M.F.C.,NEDUMKANDOM .................... PETITIONERS/ACCUSED NOS.1 TO 5: --------------------------------------------------- 1. AKBAR SALIM, S/O.IBRAHIM, AGED 52 YEARS, AKKATTUPARAMBIL VEEDU, ANYARTHOLU KARA, VANDANMEDU VILLAGE. 2. SULAIMAN, S/O.HASSAN RAWTHER, AGED 39 YEARS, FOUSIA MANZIL, ANYARTHOLU KARA, VANDANMEDU VILLAGE. 3. SHUMS, S/O.ABDUL VAHAB, AGED 28 YEARS, PUTHENPEEDIKAYIL VEEDU, ANYARTHOLU KARA, VANDANMEDU VILLAGE. 4. KABEER, S/O.KUNJUMUHAMMAD, AGED 32 YEARS, POOTHAKUZHIYIL VEEDU, MOONKALAR KARA, VANDIPERIYAR VILLAGE. 5. JALEEL, S/O.KASSIM, AGED 25 YEARS, PUTHENPURAKKAL VEEDU, ANYARTHOLU KARA, VANDANMEDU VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, VANDANMEDU POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.682 of 2011 ----------------------------------------------------- Dated this the 9th day of March, 2011 ORDER Petitioners, who are accused Nos.1 to 5 in Crime No.153 of 2007 of Vandanmedu Police Station for offences punishable under Sections 143, 365, 342, 347, 385 & 506(i) read with Section 149 I.P.C., seek their enlargement on bail. The petitioners surrendered on 23/12/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioners had attempted to kill and intimidate the witnesses even during the progression of the trial. 3. This Court had called for a report from the trial court and the report so received confirmed the submission made by the Public Prosecutor. The trial of the case is substantially over. If the petitioners are released on bail they will make themselves scarce and may flee from justice. I am, therefore, not inclined to grant bail to the petitioners at this stage of the trial. 4. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioners, the B.A.No.682/2011 : 2 : relative conduct of the parties, the extent of the injury sustained, the propensities of the petitioners, 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 petitioners are released on bail, they will definitely influence and intimidate the prosecution witnesses. There is also the likelihood of the petitioners making themselves scarce and fleeing from justice. I am, therefore, not inclined to grant bail to the petitioners at this stage. This petition is accordingly dismissed. Dated this the 9th day of March, 2011. V.RAMKUMAR, JUDGE. skj