IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 Bail Appl..No. 7430 of 2010() --------------------------------------- ( CRIME NO. 6/2010 OF THE ELATHUR POLICE STATION KOZHIKODE DIST) ---------------------- PETITIONERS/ACCUSED 1& 2 ------------------------------------------- 1. AYYAPPAN, SON OF GANAPATHI, RESIDING AT MARIAMMA HOUSE, THIRUVANGADU AMSOM AND VAYALALAM DESOM, THALASSERY. 2. SOORYA, SON OF CHELLAPPAN, PLOT NO.3, AMBAYATHODE EXCESS LAND, THAMARASSERY, KOZHIKODE DISTRICT. BY ADV. SRI.JACOB ABRAHAM RESPONDENT(S): COMPLAINANT ------------------------------------------------ CIRCLE INSPETOR OF POLICE, NADAKKAVU, KOZHIKODE, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. .................................................... Bail Application No.7430 of 2010 ..................................................... Dated this the 19th day of November, 2010. ORDER Petitioners, who are accused Nos.1 and 2 in Crime No.6 of 2010 of Elathur Police Station for offences punishable under Sections 457, 380 and 461 read with Section Section 34 IPC seek their enlargement on bail. The petitioners were arrested on 20.09.2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioners had committed theft of 29.5 sovereigns of gold and a mobile phone from the house in question and they are involved in four other crimes. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioners, the 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. V. RAMKUMAR, (JUDGE). rv