IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Bail Appl..No. 2857 of 2009() ----------------------------- CRIME NO.186/09 OF KOTTAKKAL POLICE STATION PETITIONER/ACCUSED NO.18-19 ----------------------------------------------- 1. PRABIN KUMAR, S/O.MOHAMKUMAR, AGED 25 YEARS, THANANCHARAPARAMBIL, ERANHIPALAM, KOZHIKODE. 2. NOUFAL, S/O.ABOOBACKER, CHERIYALINGAL PARAMBU HOUSE, RUKSANA MANZIL, KALLANTHODI, POKKUNNU, KOZHIKODE DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KOTTAKKAL POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 2857 of 2009 ----------------------------------------- Dated this the 4th June, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused 18 and 19 in Crime No.186/2009 of Kottakkal Police Station. 2. The offence alleged against the petitioner is under Section 399 of the Indian Penal Code. 3. The prosecution case is that on 5.5.2009 at 3 AM, the accused persons were found in three vehicles near a restaurant at Kottakkal. The allegation is that they were making preparations for committing decoity. Weapons like swords, iron rod, masks, coir pieces, cloth pieces etc. were recovered from the vehicles. 4. Learned counsel for the petitioners submitted that the petitioners are the drivers of two Tata Sumo vehicles and that there is nothing to connect them with the crime. BA.2857/09 2 5. The learned Public Prosecutor submitted that one Kannan, who is a notorious criminal, was constantly making contacts over mobile phone with the third accused and the details were traced out. The Prosecutor also submitted that if the petitioners are released on bail at this stage, there is every chance of the witnesses being influenced or being intimidated. The investigation is not over. 6. I have perused the case diary. On going through the case diary and taking into account the facts and circumstances of the case, the nature of the offences alleged and other circumstances, I do not think it proper to release the petitioners on bail at this stage. The bail application is accordingly dismissed. K.T.SANKARAN, JUDGE vgs.