High Court Kerala High Court

Prasad @ Vadival Prasad vs State Of Kerala on 7 December, 2010

Kerala High Court
Prasad @ Vadival Prasad vs State Of Kerala on 7 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7913 of 2010()


1. PRASAD @ VADIVAL PRASAD, AGED 34 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.S.SHANAVAS KHAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :07/12/2010

 O R D E R
                         V.RAMKUMAR, J.
            -------------------------------------------------
              Bail Application No.7913 of 2010
            --------------------------------------------------
        Dated this the 07th day of December, 2010

                                ORDER

The petitioner, who is accused No.5 in Crime Nos.1259

& 1260 of 2010 of Chavara Police Station for offences

punishable under Sections 143, 147, 148, 341, 323, 324 & 302

read with Section 149 I.P.C., seeks his enlargement on bail.

The petitioner was arrested on 14/11/2010.

2. The learned Public Prosecutor opposed the

application contending inter alia that the occurrence is the

outcome of the clash between sand mafia and the deceased

who was aged only 28 years was done to death using weapons

like stone, oar, etc.

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

Bail Appln.No.7913/2010
: 2 :

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

skj