IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 Bail Appl..No. 5726 of 2011() ----------------------------- CRIME NO.340/2011 OF PANGODU POLICE STATION PETITIONER (S): 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(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5726 of 2011 --------------------------- Dated this the 20th day of July, 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. 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 BA 5726/2011 2 disposed of 200 gms. out of the stolen articles. It is also alleged that accused No.12 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 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 csl