IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 Bail Appl..No. 5696 of 2009() ----------------------------- CRIME NO.793/2009 OF PUNALUR POLICE STATION .................... PETITIONER/2ND ACCUSED ------------------------------------------ SHARIEF, AGED 32 YEARS, S/O. SIKANDAR RAWTHER, ATTARIKATHU PUTHEN VEEDU, H.S.WARD, VALAKKOD VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.R.ARUN RAJ RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REP.BY SUB INSPECTOR OF POLICE, PUNALUR POLICE STATION, (CRIME NO.793/2009 OF PUNALUR P.S.) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5696 of 2009 --------------------------------------------- Dated this the 6th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.793 of 2009 of Punalur Police Station. 2. The offence alleged against the petitioner is under Section 394 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 30.8.2009, the accused persons snatched a purse containing a sum of Rs.4,800/- from the defacto complainant. The petitioner was arrested on 31.8.2009. 4. The learned Public Prosecutor submitted that the petitioner is involved in several cases. In one case, the offence alleged is under Section 379 IPC. In another case, the offence under Section 392 IPC is alleged against the petitioner and in yet another case the allegation is that the petitioner committed offence under the Narcotic Drugs and Psychotropic Substances Act. It is also pointed out that the petitioner was released on bail by the High Court in one case where a specific condition was BA No.5696/2009 2 stipulated that the petitioner should not involve in criminal activities. It is submitted that the present crime was committed while he was on bail as per that order. Thus, it is seen that the allegation is that the petitioner not only committed the offence but, committed the offence violating the conditions stipulated by this Court while granting bail in another case. 5. In view of the criminal antecedents of the petitioner and also in view of the fact that the investigation is not completed and the other accused persons are not arrested, I am of the view that it is not proper to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl