IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 Bail Appl..No. 2814 of 2009 CRIME NO.186 OF 2009 OF KOTTAKKAL POLICE STATION PETITIONERS/ACCUSEDNOS.1 TO 5, 7 TO 14, 16 & 17: --------------------------------------- 1. FIJOSH, S/O. THAMBI, THARAMMAL HOUSE, CHERUVANNOOR, CALICUT. 2. SOORAJ, S/O. ALAVI, MAILADI HOUSING COLONY, CALICUT. 3. JISMATH, S/O. MOIDEENKOYA, PADINNAREMURIKKATH HOUSE, KALLAYI RAILWAY GATE, CALICUT. 4. ANEESH, S/O. SIDDIQ, CHIRAKKAL KOVILAKAM VEETTIL, MEENCHANTHA RAILWAY GATE, CALICUT. 5. PREJITH, S/O. CHANDRAN, THAYYIL HOUSE, CALICUT. 6. SUJESH, S/O. SUBRAMANIAN, EDAPAYI HOUSE, CALICUT. 7. RATHEESH, S/O. GOPALAKRISHNAN, MULLAYIPARAMBIL, CALICUT. 8. SHAFEEQ, S/O. ABDU, HUSSAINHAJI'S QUARTERS, CALICUT. 9. JANEESH, S/O. SHAREEF, PULIKKAL HOUSE, CALICUT. 10. RASHEED, S/O. MUHAMMEDKOYA, AMBATTIL VEEDU, CALICUT. 11. SAINUDHEEN S/O. IMBICHIKOYA, VALIYAKATH HOUSE, CALICUT. 12. SARJAS, S/O. MOOSA, SHAMAD MAANZIL, CALICUT. 13. SHAJU, S/O. MOHAMMEDKOYA, THOTTAMVALAPPIL HOUSE, CALICUT. 14. BINEESH, S/O. KANNAPPAN, VATTAKKULANGARA HOUSE, PALAKKAD DISTRICT. BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENTS: STATE/COMPLAINANT -------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KOLLAMKODE POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2814 OF 2009 F ------------------------------------------------------ Dated this the 28th May, 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 Nos.1 to 5, 7 to 14, 16 and 17 in Crime No.186 of 2009 of the Kottakkal Police Station. 2. The offence alleged against the petitioners is under Section 399 of the Indian Penal Code. 3. The prosecution case is that on 5.5.2009 at 3 A.M., the petitioners and the other accused were found in three vehicles near a restaurant at Kottakkal, after having made preparation to commit the offence of decoity. Weapons like sword, iron rod, mask, coir pieces, cloth pieces, etc. were recovered form the vehicles. The investigation is in progress. Learned Public Prosecutor submitted that one Kannan, who is a notorious criminal, was constantly making contacts over the mobile phone with the third accused and the details were traced out. Investigation pursuant to such information is necessary. Learned Public Prosecutor submitted that if the petitioners are released at this stage, it would affect the proper investigation of the case and that there is every B.A. NO. 2814 OF 2009 :: 2 :: likelihood of the petitioners intimidating and influencing the witnesses and that the chances of the petitioners making themselves scarce are high. 4. Taking into account the facts and circumstances of the case, the nature of the offence, the present stage of investigation and the submissions made by the learned Public Prosecutor, I am not inclined to grant bail at this stage. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/