IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 Bail Appl..No. 2561 of 2009() ----------------------------------------- (CRIME NO.49/07 OF KAYAMKULAM POLICE STATION) PETITIONER/4TH ACCUSED: ------------------------------------------ JOY PHILIP,AGED 51 YEARS,S/O.PHILIP, PARAYIL VEEDU,THONNIPUZHA KARA,PULLAD VILLAGE, THIRUVALLA (RESIDING ON RENT A PALAMOOTTIL VEEDU, CHERUVALOOR MURI, CHERIYANAD VILLAGE) BY ADV. MR.R.SUNIL KUMAR RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA,REP BY PUBLIC PROSECUTOR HIGH COURT OF KERALA REP SUB INSPECTOR,KAYAMKULAM. BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR, J. --------------------------------------- B.A. No.2561 OF 2009 --------------------------------------- Dated this the 25th day of May, 2009 O R D E R Petitioner is the 4th accused in Crime No.49/07 of Kayamkulam Police Station. The case is registered under sections 380 and 411 of the I.P.C. The prosecution case is that on the night of 18.1.2007 a Maruti Alto Car bearing Reg. No.KL-25/2945 was stolen from the car shed which belonged to the wife of the defacto complainant. Petitioner was arrested on 6.4.2009. The application for bail moved before the Magistrate was dismissed finding that petitioner is involved in many offences of this nature. 2. Learned counsel for the petitioner submitted that as the petitioner has been in custody since 6.4.2009 he may be granted bail on any condition. 3. Learned Public Prosecutor opposed the application contending that as the petitioner is involved in three other cases of this nature, he may not be released at this stage as investigation is in progress and if released it would cause B.A. No.2561/09 2 obstruction to the investigation. Considering the nature of the offence and the submission that petitioner is involved in other cases of this nature and it is likely that the release of the petitioner would affect proper investigation, petitioner cannot be released at this stage. The application is therefore dismissed. M.SASIDHARAN NAMBIAR JUDGE vps B.A. No.2561/09 2