IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 Bail Appl..No. 2122 of 2011() ----------------------------- CMP.165/2011 of J.M.F.C-I.,KASARAGOD CRIME NO. 25/2011 of KASARAGOD POLICE STATION .................... PETITIONER/ ACCUSED NOS. 1 TO 4 AND 6:- -------------------------------------------------- 1. PARAS @ PAROSH,S/O. PRADEEP, MEEPUKUZHI, KUDLU, KASARAGOD, 2. KIRAN KUMAR, S/O. SIVA, KELUKUNDE, KUDLU, KASARAGODE 3. DINESH, S/O. JAYENDRA, MEEPUKUZHI, KUDLU, KASARAGODE 4. K.SHUDHEER KUMAR,K.C.COMPOUND, KUNDLU, KASARAGOD, 5. ANJU @ AJITH KUMAR, S/O. RAGHAVA, KEEZHUUKUNDU, KUDLU,KASARAGODE BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT/STATE:- -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. .................................................... Bail Application No. 2122 of 2011 ..................................................... Dated this the 22nd day of March, 2011. ORDER Petitioners, who are accused Nos.1 to 4 and 6 in Crime No.25 of 2011 of Kasaragod Police Station for offences punishable under Sections 324, 153(A), 302, 201 and 120B read with Section 34 I.P.C., seek their enlargement on bail. The occurrence took place on 09.01.2011. Petitioners 1 and 2 were arrested on 16.01.2011, petitioners 3 and 4 were arrested on 12.01.2011 and the 5th petitioner was arrested on 07.02.2011. 2. The learned Public Prosecutor opposed the application contending inter alia that a Muslim youth aged 28 years was brutally assaulted and killed out of communal violence by the seven accused persons most of whom have bad antecedents and criminal records. The incident occurred on 09.01.2011 and there have been attempts at retaliation as well. Tension prevails in the whole area. 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 B.A. No. 2122/2011 2 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. sd/- V. RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.