IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 Bail Appl..No. 6465 of 2010() ----------------------------- (CRIME NO. RC 034/2010(S)0010/CBI/TVPM OF CBI, THIRUVANANTHAPURAM) (ORIGINALLY REGISTERED BY THE BADIADKA POLICE STATION AS Cr.No.213/2009) .................... PETITIONER/5TH ACCUSED: -------------------- SUDHAKARA.S. S/O.AMMU POOJARI (LATE) DELAMOOLA.P.O PERIA VIA, KASARAGOD DISTRICT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT/COMPLAINANT: --------------- 1. THE INSPECTOR OF POLICE, CBI, THIRUVANANTHAPURAM. 2. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R1 THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6465 of 2010 ------------------------------------------------ Dated this the 15th day of October, 2010 ORDER The petitioner, who is accused No.5 in Crime No.RC 034/2010(S)0010/CBI/TVPM of CBI, Thiruvananthapuram (originally registered by the Badiadka Police Station as Cr.No.213/2009) for offences punishable under Sections 120B, 147, 148, 341 & 302 read with Section 149 I.P.C., seeks his enlargement on bail. The occurrence took place on 3/11/2009. The petitioner was arrested on 5/9/2010. 2. The learned Standing Counsel for the C.B.I. opposed the application contending inter alia that the petitioner is a local C.P.I.(M) leader who engaged hired assassins resulting in the brutal murder of one Jabbar and that two more persons are yet to be apprehended and this was a case in which this Court had entrusted the investigation with the C.B.I. on being satisfied that the State Police were conducting the investigation in partisan manner. 3. Having regard to the nature of the allegations levelled against the petitioner, the relative conduct of the parties, the nature of the injury sustained, the sentiments of Bail Appln.No.6465/2010 : 2 : the near relatives of the victim and the other facts and circumstances of the case, 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 skj