IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5987 of 2010()
1. SHAJUDEEN,S/O.SAINUDHEEN,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
For Petitioner :SRI.M.P.MADHAVANKUTTY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :13/10/2010
O R D E R
V. RAMKUMAR, J.
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Bail Application No. 5987 of 2010
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Dated: 13-10-2010
ORDER
Petitioner who is the accused in Crime No. 159 of 2010 of
Peruvanthanam Police Station, Idukki District for offences
punishable under Sections 341, 294 (b) and 308 read with Sec.
34 I.P.C. seeks his enlargement on bail. The petitioner was
arrested on 22-06-2010.
2. The learned Public Prosecutor opposed the application
contending inter alia that the petitioner had shot at the de facto
complainant with an air pistol and it was due to the time
swerving of the vehicle that he escaped and the reason for
using the firearm was that the de facto complainant did not allow
the petitioner to overtake his vehicle. The petitioner is involved
in nine other crimes including cases involving Sec. 302 and
395 I.P.C. The present case (S.C. No. 346 of 2010) is posted
Bail Application No. 5987 of 2010 -:2:-
for trial before the Sessions Court , Kozhikode for framing
charge.
3. Having regard to the nature of the allegations levelled
against the petitioner, the relative conduct of the parties, the
nature of the injury sustained , the sentiments of the near
relative of the victim and the other facts and circumstances of
the case, 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.
V. RAMKUMAR, (JUDGE)
ani.