IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 Bail Appl..No. 3792 of 2009\ CRIME NO.266 OF 2009 OF MAVELIKKARA POLICE STATION CRMP.1707/2009 of ADDL.SESSIONS COURT-I,MAVELIKKARA PETITIONER/4TH ACCUSED ------------------------------------------ BINU @ UNNI, S/O. BHASKARAN, ALAYIL VEEDU, PELA MURI, KANNAMANGALAM VILLAGE, MAVELIKKARA. BY ADV. SRI.VINCENT JOSEPH RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3792 OF 2009 ------------------------------------------------------ Dated this the 16th July, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.266 of 2009 of Mavelikkara Police Station. 2. The offences alleged against the petitioner is under Sections 452, 380, 395 and 427 of the Indian Penal Code. 3. The prosecution case is that accused Nos.1 to 7, with the intention of committing robbery, entered into the house of one Ajith Kumar and took away Rs.1,41,000/- from his house. The accused persons also destroyed the valuable articles in the house of the de facto complainant. The petitioner was arrested on 5.6.2009. The other accused persons have not been arrested so far. Recovery of the amount has also not been made. The investigation is at the initial stage. It is submitted by the learned Public Prosecutor that if the petitioner is released on bail at this stage, it would affect the proper investigation of the case and that it is likely that the petitioner may try to influence or intimidate the witnesses. B.A. NO. 3792 OF 2009 :: 2 :: 4. Taking into account the facts and circumstances of the case, I do not think that bail can be granted to the petitioner at this stage. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/