IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH MAY 2011 / 16TH VAISAKHA 1933 Bail Appl..No. 3391 of 2011() ---------------------------------------- SC.279/2011 OF SESSIONS COURT, THRISSUR CRIME NO.308/2009 OF PEECHI POLICE STATION, THRISSUR DISTRICT. .................... PETITIONER/2ND ACCUSED ------------------------------------------ JAIN JOSEPH, S/O.JOSE, CHALISSERY VALAPPILA HOUSE, OLLUR GRAMODHARANAM DESOM, OLLUR VILLAGE, THRISSUR BY ADV. SRI.JIJO PAUL, SMT.T.RESMI DAMODARAN. RESPONDENT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PEECHI POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V. RAMKUMAR, J. ============================= Bail Application No.3391 of 2011 ================================ Dated this the 6th day of May, 2011 ORDER Petitioner, who is the accused in Crime No.308 of 2009 of Peechi Police Station for an offence punishable under Section 55(a) of the Abkari Act, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner who was initially arrested on 09.08.2009 for having found in possession of 15 litres of spirit was granted bail during crime stage and thereafter he absconded and that he got involved in yet another Abkari offence and subsequent on his arrest in that case he was produced before the Magistrate on 27.11.2010 on production warrant. 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 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 B.A. No.3391 of 2011 2 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. Dated this the 6th day of May, 2011. V. RAMKUMAR, (JUDGE) sj