On Monday, the Court of Appeal is to begin hearing submissions from the prosecution to have businessman Patrick Powell's $10 million bail overruled.

Powell, charged with the murder of 17-year-old Khajeel Mais, was granted bail on Wednesday.

However, he remains in custody pending the outcome of the prosecution's appeal. He is to return to court on December 2.

In granting Powell bail, Supreme Court judge Carol Beswick said she was not satisfied by the prosecution's submission that Powell will interfere with witnesses in the case or that he will fail to surrender to custody if he is called upon to do so.

The judge also said that a sufficient case was not made to keep Powell in custody and that bail is not to be withheld as a form of punishment.

Meanwhile, THE WEEKEND STAR understands that in its application to the Court of Appeal, the prosecution will argue that the judge has exercised her discretion improperly given the seriousness of the alleged crime.

The prosecution is also arguing that there is a real flight risk and that there is a real risk of Powell interfering with the course of justice.

They further want the court to take into consideration the strength of the Crown's case.

On July 1, Khajeel Mais was shot dead when the driver of a BMW X6 reportedly opened fire on the taxi in which he was travelling after it bumped into his SUV.