Kerala High Court
Abdul Khadar vs State Of Kerala on 12 January, 2011
Author: V.Ramkumar
Bench: V.Ramkumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 8528 of 2010()
1. ABDUL KHADAR, AGED 48 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU (SR.)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :12/01/2011
O R D E R
V. RAMKUMAR, J.
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Bail Application No. 8528 of 2010
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Dated this the 12th day of January, 2011.
ORDER
Petitioner, who is the first accused in Crime No.237 of 2002 of Anchal Police Station for offences punishable under Sections 120(B), 143, 147, 148, 427, 460 and 302 r/w Section 149 I.P.C and Sections 3 and 5 of the Explosive Substances Act, seeks his enlargement on bail. The occurrence took place on 18.07.2002. The petitioner was arrested on 28.07.2010.
2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner who is an NDF activist and who was granted bail during the crime stage, had absconded and had slipped out of the country on the strength of a forged passport and continued to abscond for seven years and look out notice had been issued against him and he was finally arrested from the Mumbai Air Port and if released on bail he will definitely jump bail again.
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 B.A No. 8528/2010 : 2: 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 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. The Additional Sessions Court (Adhoc-I), Kollam shall expedite the trial of S.C. No.1204 of 2010 in which the petitioner facing trial.
This petition is accordingly dismissed.
V. RAMKUMAR, JUDGE.
rv