IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 Bail Appl..No. 6846 of 2010 (A) ----------------------------- (CRIME NO.1743/2010 OF E.T.NORTH POLICE STATION, ERNAKULAM DISTRICT ADDL. CHIEF JUDICIAL MAGISTRATE COURT (E.O.),ERNAKULAM) ---- PETITIONERS/ACCUSED NO.1 TO 5 ------------------------------------------------- 1. VENKITESH, AGED 23 YEARS, S/O.NANE NAIK, DHUNGAVATH, MADHUGUPPA MANDALAM, NALLASETTIPALLITHAZHAM, ANANTHAPUR, ANDHRAPRADESH. 2. AANJI, S/O.THIRUPAL NAIK, AGED 22 YEARS, DHUNGAVATH, MADHUGUPPA MANDALAM, NALLASETTIPALLITHAZHAM, ANANTHAPUR, ANDHRAPRADESH. 3. VENKITAREMANAN, AGED 22 YEARS, S/O.LAKSHMI NAIK, DHUNGAVATH, MADHUGUPPA MANDALAM, NALLASETTIPALLITHAZHAM, ANANTHAPUR, ANDHRAPRADESH. 4. VENKITESH, AGED 22 YEARS, S/O.NANO NAIK, DHUNGAVATH, MADHUGUPPA MANDALAM, NALLASETTIPALLITHAZHAM, ANANTHAPUR, ANDHRAPRADESH. 5. VENKITESH, AGED 22 YEARS, S/O.KRISHNA NAIK, DHUNGAVATH, MADHUGUPPA MANDALAM, NALLASETTIPALLITHAZHAM, ANANTHAPUR, ANDHRAPRADESH. BY ADV. SRI.P.A.MARTIN ROY RESPONDENT: -------------------- STATE OF KERALA, REPRESENTED BY C.I OF POLICE, E.T.NORTH POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V. RAMKUMAR, J. .................................................... Bail Application No.6846 of 2010 ..................................................... Dated: 29.10.2010 ORDER Petitioners, who are accused Nos.1 to 5 in Crime No.1743/2010 of Ernakulam Town Police Station for offences punishable under Sections 457,461 and 380 read with 34 IPC, seek their enlargement on bail. The occurrence took place on 5.9.2010. The petitioners were arrested on 10.09.2010. 2. The learned Public Prosecutor opposed the application, contending, inter alia , that the petitioners who belong to Andra Pradesh had committed theft of household articles worth `5.5 lakhs in the house of the de facto complainant and the case has been scheduled for trial and if the petitioners are released on bail they will definitely flee from justice. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioners, the B.A. No. 6846 of 2010 2 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) sj