ORDER

This is an application seeking regular bail filed under Section

439 of the Code of Criminal Procedure , 1973.

2. Petitioner is the accused in Crime No.870/2021 of Mannar Police Station, Alappuzha District. The offences alleged against the petitioner are under sections 302, 397 & 201 of the Indian Penal Code. 1860.

3. According to the prosecution, petitioner murdered the deceased after committing theft of the gold earrings and thereby committed the offences alleged.

4. Sri.Vishnu Bhuvanendran, learned Counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that petitioner was arrested on 10.11.2022 and he has been in custody since then. It was also pointed out that no purpose would be achieved by continuing the detention of the petitioner.

5. Sri.K.A.Noushad , learned Public Prosecutor opposed the grant of bail and contended that the allegations against the petitioner are serious and even though the case is now pending trial as S.C.No.512/2021 before the Sessions Court, Mavelikkara, there is every chance that the petitioner may intimidate/influence the witnesses.

6. I have consider