IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 Bail Appl..No. 18 of 2011(B) -------------------------------------- [S.C. NO.193/2009 OF THE IIND ADDL. SESSIONS COURT, ERNAKULAM, CRIME NO.330/2003 OF HILL PALACE POLICE STATION] ............. PETITIONER/ACCUSED NO.2 (ORIGINAL ACCUSED NO.13): ------------------------------------------------------------------------------------ NAZEER,AGED 37,S/O.SHAMSUDDIN, THATTAKKATTU VEEDU,THAIKAVU, NETTOOR DESOM, MARADU VILLAGE, ERNAKULAM. BY ADVS. SRI.B.RAMAN PILLAI, SRI. R. ANIL, SRI. ANIL K. MUHAMMED, SRI.V.B. SUJEESH MENON, SRI. JOSEPH P. ALEX, SRI. SHYAM ARAVIND, SRI. T. ANIL KUMAR. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE ,REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY A.D.G.P SRI. P.N. SUKUMARAN. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/01/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. ============================= Bail Application No.18 of 2011 ================================ Dated this the 17th day of January, 2011 ORDER Petitioner, who is the accused No.13 in Crime No.330 of 2003 of Hill Palace Police Station for offences punishable under Sections 302,109,143,147,148,471,364,404,201,202 and 120B read with 149 IPC seeks his enlargement on bail. The petitioner was arrested on 30.03.2009. 2. The learned Public Prosecutor opposed the application contending inter alia as follows:- Eventhough the occurrence took place on 13.09.2003 and the petitioner was enlarged on bail during the crime stage itself, he jumped bail and could thereafter be apprehended only in the year 2009. The petitioner is involved in more than 22 cases. There was also an allegation that the petitioner had threatened the inmates of the prison where he was housed and he was found to possess a mobile phone. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioner, the B.A. No.18 of 2011 2 relative conduct of the parties, the extent of the injury sustained, the propensities of the petitioner, 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 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. 4. It is brought to my notice that the II Additional Sessions Court before which the above case is pending as S.C.No.123/2009 is lying vacant consequent on the retirement of the Presiding Officer. The Sessions Judge, Ernakulam shall forthwith transfer the case to the Additional Sessions Court, Fast Track II Ernakulam with a direction to dispose of the case within three months. Dated this the 18th day of January, 2011. V. RAMKUMAR, (JUDGE) sj