IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 Bail Appl..No. 3421 of 2009() ----------------------------- CMP.3310/2009 IN CRIME NO.282/09 OF THAMPANOOR POLICE STATION .................... PETITIONER/ACCUSED IN CUSTODY: -------------------------------------------------- SUBRAMANYAN, S/O.NADARAJA PILLAI, NARAYANASWAY THERUVU, PATTARUPURAM, VALLIYOOR, THIRUNELVELI. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY SMT.C.PRABITHA RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.VIPINDAS THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------- B.A.No.3421 of 2009 ------------------------------- Dated this the 26th day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.282 of 2009 of Thampanoor Police Station. 2. The offence alleged against the petitioner is under Section 379 of the Indian Penal Code. 3. The prosecution case is that on 30.5.2009, while the defacto complainant was waiting for bus to go to Kanyakumari, the accused person forcibly took him to a corner, where there was no light, placed a knife on his neck and forcibly took 2 five hundred rupee notes from the pocket of the defacto complainant. The accused ran away. The defacto complainant cried aloud. With the help of the people in the bus stand and the aid post duty police, the accused was caught at the premises of the bus stand itself. He was arrested. The petitioner is in judicial custody. 4. The petitioner belongs to Tirunelveli District in Tamil Nadu. If the petitioner is released on bail, it would seriously affect the proper investigation. It is most likely that the petitioner may make himself BA No.3421/2009 2 scarce and flee from the process of law. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and for the reasons mentioned above, I am not inclined to grant bail to the petitioner. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl