IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 Bail Appl..No. 4687 of 2009() ----------------------------- CMP.2644/2009 of C.J.M.,KASARAGOD CRIME NO.179/2009 OF MANJESHWAR POLICE STATION, KASARAGOD .................... PETITIONER/ACCUSED: -------------------------------------- PRABHAKARAN K. @ PRABHAKARA NONDA, AGED 23 YEARS, S/O. NARAYANA NONDA, KALLAI(H), PAIVALIKE GRAMAM, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENTS/COMPLAINANT & STATE: -------------------------------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CR.NO.179 OF 2009 OF MANJESHWAR POLICE STATION). SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4687 of 2009 ------------------------------------ Dated this the 21st day of August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in CR. No.179/2009 of Manjeshwar Police Station, Kasargod. 2. The offences alleged against the petitioner are under Sections 454, 380 and 461 of the Indian Penal Code. 3. The prosecution case is that on 16/06/2009 between 10.30 A.M and 11.30 A.M., while the defacto complainant had gone to her relatives' house for bereavement, her house was broke open and 19 ½ sovereigns of gold were stolen. 4. The petitioner was arrested on 17/07/2009 and he was remanded to judicial custody. According to the prosecution, two other persons are also involved in the offence. They have not been arrested. 5. The learned Public Prosecutor submitted that the petitioner is involved in other cases of similar nature. 6. From the Case Diary it is seen that on 11/07/2009, statement of one Aboobacker Riyas was recorded. He is a distant B.A. No. 4687/ 2009 Page numbers relative of the defacto complainant. The statement of Aboobacker Riyas would disclose the following facts. The petitioner and two other persons met him on 16/06/2009 and enquired whether something would be available in the house of the defacto complainant. Aboobacker Riyas reacted positively. The petitioner and the two other persons went to the house of the defacto complainant and committed the offence. While returning, they met Aboobacker Riyas and promised a share in the booty. The two wheeler of the first accused was kept in the compound of Aboobacker Riyas. Thereafter, the first accused contacted Aboobacker Riyas over telephone on several occasions to ascertain whether the police had come to the scene of occurrence. Aboobacker Riyas has given several other relevant details. Prima facie, it would appear that Aboobacker Riyas is also involved in the offence. He had also guilty intention to perpetrate the offence or he is a privy to the transaction. The statement of Aboobacker Riyas would also show that the vehicle of the petitioner was taken from the house of Aboobacker Riyas after two or three days. The statement also reveals that the petitioner requested Aboobacker Riyas to mention the name of B.A. No. 4687/ 2009 Page numbers one Anzar, if by some chance the police were to ask Aboobacker about the incident. It is not clear why the investigating officer has not made a further probe in the matter. 7. In the facts and circumstances of the case, I do not think that the petitioner can be released on bail at this stage. If he is released on bail, it would seriously affect the smooth investigation of the case. The gold ornaments have not been recovered. The other two persons have not been arrested. The investigation has to go a long way. There is no justification for releasing the petitioner, who has criminal antecedents. 8. In the peculiar facts and circumstances of the case, I am of the view that the District Superintendent of Police shall supervise the investigation of the case and shall also take into account the observations made hereinabove. For the aforesaid reasons, the Bail Application is dismissed. Hand over copy of this order to both sides. K.T. SANKARAN, JUDGE scm