IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Bail Appl..No. 6821 of 2011() ----------------------------- CRIME NO.583/2011 OF KOTTAYAM WEST POLICE STATION, KOTTAYAM DISTRICT PETITIONER/ACCUSED NO.3 ------------------------------------------- BIJU JOSEPH @ KOZHI BIJU,S/O. JOSEPH, VETTIKATTU HOUSE, NEAR NURSING SCHOOL, WARD XVI, NEDUMKANDAM PANCHAYAT, CHECKAKANAM, NEDUMKANDAM KARA, KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.K.S.HARIHARAPUTHRAN RESPONDENT/COMPLAINANT: -------------------------- STATE OF KERALA REP. BY C.I. OF POLICE, KOTTAYAM WEST POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULM. PUBLIC PROSECUTOR: ADV.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6821 of 2011 ---------------------------------------------- Dated this the 26th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.583 of 2011 of Kottayam West Police Station. 2. The offences alleged against the petitioner are under Section 394 read with Section 34 of the Indian Penal Code and Section 25(1) (a) of the Arms Act. 3. The prosecution case is the following:- On 07/07/2011 at 12.45 noon, accused Nos.1 and 2 trespassed into a jewellery called Kunnathukalathil Jewellery at Kottayam armed with two unlicensed revolvers. They terrorised the customers and staff of the jewellery and forcibly took away gold ornaments weighing 7 Kgs. approximately worth Rs.1.50 Crores. It is alleged that the petitioner, accused No.3 was working under accused No.1 who is a planter. It is alleged that accused No.3 arranged the unlicensed revolvers to be purchased from accused No.4. The prosecution case is that accused No.3 was fully aware of the Bail Appln.No.6821/2011 : 2 : purpose for which the revolvers were to be used. The petitioner was arrested on 11/07/2011 and he was remanded to judicial custody. 4. The investigation is in progress. If the petitioner is released on bail at this stage, it would adversely affect the proper and smooth investigation of the case. It is likely that the petitioner may influence or intimidate the witnesses and tamper with the evidence. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj