IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 Bail Appl..No. 4087 of 2009() ----------------------------- CRIME NO.50/08 OF KOODAL POLICE STATION .................... PETITIONER/ACCUSED NO.1 ------------------------------------------- MUNEER @ SONY, SON OF KHADAR, MITHALE CHERUKUNIJIL HOUSE, KEEZHAL KARAYIL, MEMUNDA VILLAGE, VILWAPPALLY PANCHAYATH, VADAKARA THALUK, KOZHIKODE DIST. BY ADV. SRI.ROY THOMAS (PATHANAMTHITTA) SRI.SHIBU JOSEPH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE CIRCLE INSPECTOR OF POLICE, KONNY. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4087 of 2009 --------------------------------------------- Dated this the 27th day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.50 of 2008 of Koodal Police Station, Pathanamthitta District. 2. The offence alleged against the petitioner is under Section 379 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the accused persons committed theft of a scorpio car belonging to the defacto complainant on 29.2.2008. The petitioner was arrested on 25.6.2009. 4. Learned public prosecutor submitted that the petitioner is involved in two other cases where the allegation is that he committed theft of vehicles. The application for bail is opposed by the learned public prosecutor on the ground that if the petitioner is released on bail, there is every likelihood that the petitioner may influence or intimidate the witnesses. It is BA No.4087/2009 2 also likely that the petitioner may indulge in similar criminal activities to the detriment of the general public. 5. It cannot be said that the apprehension voiced by the public prosecutor is without substance. The investigation is not over. Taking into account the facts and circumstances of the case and the nature of the offence, I do not think that the petitioner is entitled to be released on bail at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl