High Court Kerala High Court

Shajudeen vs The Sub Inspector Of Police on 13 October, 2010

Kerala High Court
Shajudeen vs The Sub Inspector Of Police on 13 October, 2010
       

  

  

 
 
  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.
                 ....................................................
               Bail Application No. 5987 of 2010
                .....................................................

                          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.