IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 Bail Appl..No. 6369 of 2011 CRIME NO.340 OF 2011 OF PANGODU POLICE STATION, THIRUVANANTHAPURAM DISTRICT. NOW PENDING BEFORE JFCM II, NEDUMANGADU PETITIONERS/ACCUSED-A11 & 12 ------------------------------------------------ 1. SHIJU, AGED 29 YEARS, S/O.SHERIF HUSAIN, SHIJI MANZIL, ALAMCHERI, PALLICKKAL, MYLOM VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT. 2. SHINU, AGED 27 YEARS, S/O.SHERIF HUSAIN, SHIJI MANZIL, ALAMCHERI, PALLICKKAL, MYLOM VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6369 OF 2011 ------------------------------------------------------ Dated this the 10th day of August, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.11 and 12 in Crime No.340 of 2011 of Pangodu Police Station. 2. The offences alleged against the petitioners are under Sections 449, 302, 395, 201, 216A, 411 and 120B of the Indian Penal Code. The petitioners were arrested on 23.6.2011 and they were remanded to judicial custody. 3. The prosecution case is that on 5.5.2011, accused Nos.1, 3, 4 and 5 broke open a jewellery and committed theft of gold ornaments. They also committed murder of the watchman of the jewellery and threw away the dead body in a nearby well. The prosecution case is that accused Nos.11 and 12, the petitioners herein, had close connection with the other accused. The specific allegation against accused No.11 is that he disposed of 200 gms. out of the stolen articles. It is also alleged that accused No.12 BAIL APPL. NO.6369 OF 2011 :: 2 :: disposed of 50 gms. out of the stolen ornaments. The prosecution further alleges that accused Nos.1 and 3 concealed the weapons of offence with the help of accused Nos.11 and 12. Accused Nos.11 and 12 also harboured accused No.9. The prosecution also alleges that accused Nos.11 and 12 were also involved in the conspiracy to commit the offence. 4. The petitioners filed B.A.No.5726 of 2011, which was dismissed on 20.7.2011. There is no change of circumstances warranting a fresh look into the matter. 5. The investigation is not over. It is submitted that if the petitioners are released on bail at this stage, it is most likely that they would intimidate or influence the witnesses and tamper with the evidence. In the facts and circumstances of the case, the submission made by the learned Public Prosecutor in this regard is worthy of acceptance. It is not proper to release the petitioners at this stage. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/