IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6311 of 2010()
1. SANTHOSH KUMAR, S/O. SUKUMARAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE S.I. OF POLICE,
For Petitioner :SRI.P.HARIDAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :11/10/2010
O R D E R
V. RAMKUMAR, J.
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Bail Application No.6311 of 2010
.....................................................
Dated: 11.10.2010
ORDER
Petitioner, who is the accused in Crime No.868 of 2004 of Thiruvalla
Police Station for offences punishable under Sections 342,376 and 392 IPC,
seeks his enlargement on bail.
2. Learned Public Prosecutor opposed the application contending, inter
alia, that the occurrence in this case was on 18.2.2004 and the petitioner who
was granted bail had fled from justice necessitating issuance of non-bailable
warrants of arrest against him, that he was initially arrested and remanded to
judicial custody on 14.9.2010, that he is involved in six other crimes and the
present case stands posted for trial on 20.10.10 and if the petitioner is released
on bail he will definitely make himself scarce.
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 relatives 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)
sj