IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 Bail Appl..No. 5011 of 2009() ----------------------------- CRIME NO.337/2009 OF FEROKE POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- AROKIYADOSS, AGED 40 YEARS, S/O.PATHIYANANTHAN, HOUSE,NO.9, WARD NO.3, SEERADUM SELVI, PALAIYUR, PUDUKKOTTAI TALUK, TAMILNADU BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): COMPLAINANT -------------------------- THE S.I.OF POLICE, FEROKE, KOZHIKODE DIST.REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5011 of 2009 --------------------------------------------- Dated this the 9th day of September, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.337 of 2009 of Feroke Police Station. 2. The offences alleged against the petitioner are under Sections 450, 395, 411 and 120B of the Indian Penal Code. 3. The prosecution case is that on 13.7.2009 at 2 P.M., four persons criminally trespassed into a jewellery at Ramanattukara and committed robbery of 904 gms. of gold from the jewellery after causing injury to one Moyutty, who was present in the shop. The petitioner was arrested, according to the prosecution, on 4.8.2009 and he was remanded to judicial custody on 5.8.2009. According to the petitioner, he was taken into custody on 19.7.2009 and he was not produced before the nearest Magistrate within 24 hours. A Habeas Corpus Petition was filed before the High Court for producing the body of the petitioner before court. At that time, the arrest was recorded on BA No.5011/2009 2 4.8.2009. 4. The learned Public Prosecutor submitted that one gold chain, weighing 39 gms., was recovered from the petitioner on the basis of the confession statement made by the petitioner. It is submitted that the investigation revealed that the petitioner facilitated sale of the gold in question to one Prakash Anna Gaikward at Coimbatore. It is submitted that the investigation is in progress. All the accused persons have not been arrested. It is also submitted that if the petitioner is released on bail at this stage, it would seriously affect the proper investigation of the case. 5. Taking into account the facts and circumstances of the case and the submission made by the learned Public Prosecutor, I am of the view that the petitioner cannot be released on bail at this stage. If he is released on bail at this stage, it would certainly affect the proper investigation of the case. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl