IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 Bail Appl..No. 8602 of 2011() ----------------------------- CP.66/2011 of J.M.F.C.-II,NEDUMANGAD .................... PETITIONER/3RD ACCUSED ---------------------------------------- KARUNAKARAN @ KANNAN, S/O,.VENU, AGED 23 YEARS, MARIYAMMAN KOVIL STREET 599, KATTADIPADAM, KADAMPULIYOOR, PANDURUTHI TALUK, KADALOOR DISTRICT, TAMILNADU. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K. RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AMG B.A No.8602/2011. APPENDIX PETITIONER'S ANNEXURES ANNEXURE-A – CERTIFIED COPY OF THE ORDER DATED 12-10-2011 IN CRL. M.C. No.1785/11 ON THE FILE OF COURT OF SESSIONS JUDGE, THIRUVANANTHAPURAM. RESPONDENT'S EXHIBITS NIL TRUE COPY P.A. TO JUDGE AMG N.K. BALAKRISHNAN, J. ----------------------------------------------- B.A No. 8602 OF 2011 ----------------------------------------------- DATED THIS THE 27th DAY OF OCTOBER, 2011 O R D E R Petitioner is the 3rd accused in Crime No.340/2011 of Pangode Police station. The crime was registered against the petitioner and others alleging offence under Sections 449, 302, 395, 201, 216 (A) and 120 (B) IPC. The allegation is that accused Nos.1 to 5 in the crime in furtherance of their common intention to commit dacoity, entered into criminal conspiracy and tresspassed into Jaseena Jewellery and committed theft of god ornaments worth Rs.33,15,000/- and committed murder of one Raveendran Nair who was a watchman of that jewellery. It is alleged that the dead body of Raveendran Nair was thrown into a well near to the said jewellery. Petitioner has been in custody from 21-06-2011 onwards. The final report has already been filed by the police. 2. Learned counsel for the petitioner submits that accused Nos.1, 6 and 7 were granted bail by this Court. Another accused was granted bail by the learned Magistrate on 29-08-2011. Learned counsel submits that the petitioner is the only person now in jail and since the other accused were granted bail it is just and proper to grant bail to the petitioner. BA No.8602/2011. -2- 3. Learned Public Prosecutor strongly opposed this petition seeking bail. Learned Prosecutor states that petitioner is stated to be the gang leader who has actually master minded the dacoity and murder of the watchman. Learned Public Prosecutor further submits that if the petitioner is released on bail there would be no possibility to get him for trial. It is further submitted that the petitioner belongs to another State and is not a resident of Kerala and once he jumps bail it will be very difficult to get him again. It is further pointed out that he is involved so may crimes of burglary and dacoity having links with the “under world gang” in several States and that is why his request for bail is strongly opposed. The gravity of offence and the manner in which it is conducted and the possibility of his fleeing from justice are matters to be considered while granting bail. The possibility of the accused terrorising the witnesses and tampering evidence is also to be taken seriously especially since the petitioner is stated to be the person who has master minded the operation. According to the learned Public Prosecutor to have a proper trial it is just and proper that the petitioner is denied the bail. Petitioner is stated to be the gang leader. The safety and security of the witnesses will also be at stake if the petitioner is released on bail. BA No.8602/2011. -3- 4. Considering the seriousness of the crime and the possibility of his fleeing from justice and the circumstances highlighted by the learned Public Prosecutor, I am not inclined to grant bail to the petitioner. Learned Magistrate will after complying with the procedure prescribed commit the case to the court of Sessions at the earliest so that the trial itself can be expedited. This petition is dismissed. Sd/- N.K. BALAKRISHNAN, JUDGE. AMG True copy P.A to Judge