IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 Bail Appl..No. 6433 of 2009() ----------------------------- CRIME NO.152/2009 OF KIDANGOOR POLICE STATION, KOTTAYAM .................... PETITIONER/ACCUSED NO.3 ------------------------------------------- PREMKUMAR @ ANIL, AGED 35 YEARS, S/O.THANKAN, MAKKIYIL VEEDU, LALAM VILLAGE, KIZHATHADIYOOR KARA. KOTTAYAM. BY ADV. SRI.A.K.HARIDAS RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESNTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6433 of 2009 --------------------------------------------- Dated this the 16th day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.152 of 2009 of Kidangoor Police Station, Kottayam District. 2. The offences alleged against the petitioner are under Sections 395, 120B and 212 of the Indian Penal Code. 3. The prosecution case is that accused Nos.1 to 10 constituted a goonda gang. They used to terrorize lorry owners and drivers who were illegally taking river sand to various places and used to receive amounts from them. The allegation is that on 1.5.2009, a lorry owned by the defacto complainant was intercepted by the gang and Rs.5,000/- was forcibly taken from the driver of the vehicle. The lorry was also taken by the accused persons and abandoned on the next day. The petitioner was arrested on 5.9.2009 and he was remanded to judicial custody. BA No.6433/2009 2 4. The learned Public Prosecutor submitted that the petitioner is a member of the goonda gang of a notorious criminal, namely, Aayi Saji and that there are various other cases in which the petitioner is involved. 5. Taking into account the facts and circumstances of the case, the allegations levelled against the petitioner and his criminal antecedents, I do not think that the petitioner can be released on bail at this stage. The investigation is not completed. If the petitioner is released on bail, there is every likelihood of the evidence being tampered with and the witnesses being influenced or intimidated. For the aforesaid reasons, the Bail application is dismissed. K.T.SANKARAN, JUDGE csl