IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 Bail Appl..No. 1384 of 2009() ----------------------------- CMP.43/2009 of J.M.F.C.-II, PEERMEDE CRIME NO. 43/2009 of VANDIPERIYAR POLICE STATION .................... PETITIONERS/ACCUSED 1 TO 5:- 1. MUHAMMED KALEEMULLA @ KALEEM, M.P.MASTHANGI, NO.5 NEW STREET, PUTHUPPETTA TOWN, PONDICHERRY STATE. 2. JOHN PETER @ JOHN, S/O.DIVYANATHAN, HOUSE NO.384, THATTAN CHAVADI BHAGAM, GANDHI NAGAR, THERUVU, PANDURUTTI TALUK, KADALOOR DISTRICT, TAMIL NADU. 3. NARAYANAN, S/O.RAMALINGAM, HOUSE NO.23, MARIYAMMANCOIL STREET, PANDURUTTI TALUK, TAMIL NADU. 4. SURESH, S/O.KRISHNAMOORTHI, JAGATHIYAR VEETIL, DOOR NO.410, MURUKANCOIL THERUVU, SIRUVATHOOR GRAMAM, PANDURUTTI TALUK, KADALOOR DISTRICT, TAMIL NADU. 5. KRISHNARAJ @ KARTHI, S/O.GOPAL, DOOR NO.238, LONG STREET, A.C.PALAYAM VILLAGE, PANDURUTTI TALUK, TAMIL NADU. BY ADV. MR. T.A.UNNIKRISHNAN MR. K.SATHEESH KUMAR RESPONDENT/COMPLAINANT:- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ===================== B.A. No. 1384 of 2009 ===================== Dated, this the 27th day of March, 2009. ORDER Petitioners who are the accused in Crime No. 43 of 2009 of Vandiperiyar Police Station for offences punishable under Section 489(B)(C) r/w Section 34 IPC and Sections 20 and 27 of the Arms Act, seek their enlargement on bail. The occurrence took place on 22.02.2009. The petitioners were arrested on 23.02.2009. 2. The application was opposed on behalf of the prosecution. 3. Having regard to the nature of the allegations levelled against the petitioners, the relative conduct of the parties, the nature of the legal injury sustained and the other facts and circumstances of the case, 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 27th day of March, 2009. V. RAMKUMAR, JUDGE. rv