IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD MAY 2011 / 2ND JYAIHTA 1933 Bail Appl..No. 3801 of 2011() ----------------------------- CRIME NO.326/2007 of NILESHWAR POLICE STATION, KASARAGOD .................... PETITIONER/IST ACCUSED:- --------------------------------- C.V.KRISHNAN, AGED 60 YEARS, S/O.KOMAN, TREASURER OF PUDUKAI VAININGAT SREE VAIRAJATHAN EASHWARA KSHETHRA COMMITTEE, PUTHIKAI VILLAGE. BY ADV. SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN RESPONDENT/COMPLAINANT:- ---------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.H.O. NILESHWAR POLICE STATION, KASARAGOD DISTRICT. ADV. SRI. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. .................................................... Bail Application No. 3801 of 2011 ..................................................... Dated this the 23rd day of May, 2011. ORDER Petitioner, who is the first accused in Crime No. 326 of 2007 of Nileshwar Police Station, Kasaragod for an offence punishable under Section 420 r/w Section 34 I.P.C., seeks his enlargement on bail. The petitioner surrendered on 07.05.2011. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner who is an accused in C.C. No. 228/2008 pending before the Judicial First Class Magistrate-II, Hosdurg, had absconded after he was granted bail and his bail was cancelled for violation of the bail conditions. 3. I am not inclined to grant bail to the petitioner who had absconded during the trial of the case. The petitioner is an accused in yet another case also before the same court. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioner, the 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 B.A No. 3801/2011 : 2: 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. sd/- V. RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.