IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5942 of 2010()
1. SHIHAB , S/O.ABDUL SAMAD,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE
... Respondent
For Petitioner :SRI.M.P.MADHAVANKUTTY
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :29/09/2010
O R D E R
V. RAMKUMAR, J.
* * * * * * * * * * * * * * * *
Bail Application No. 5942 of 2010
* * * * * * * * * * * * * * * * * * * * *
Dated: 29th day of September, 2010
ORDER
Petitioner, who is the 2nd accused in Crime No.159/2010 of
Peruvanthanam Police Station for offences punishable under
Sections 341, 294(b) and 308 read with 34 IPC, seeks his
enlargement on bail. The occurrence took place on 22.6.2010.
The petitioner was arrested on 22.6.2010.
2. The learned Public Prosecutor opposed the application
contenting inter-alia that the petitioner was travelling in the
company of A1, who is a notorious criminal involved in several
cases and the petitioner is also involved in a murder case. Since
the charge has already been filed and the case stands committed
to the Court of Sessions, the petitioner is likely to flee from justice
in case he is released on bail.
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 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
Bail Application No. 5942 of 2010
2
scarce and fleeing from justice. I am, therefore, not inclined to
grant bail to the petitioner. The petitioner may move the trial
court for his enlargement on bail.
This petition is accordingly dismissed.
V. RAMKUMAR, (JUDGE)
dmb