IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 Bail Appl..No. 6619 of 2009() ----------------------------------- CRIME NO. 397/2009 OF BALARAMAPURAM POLICE STATION ......................... PETITIONERS/ACCUSED A1 & A2: ----------------------------------------------- 1. JAYAPRAKASH @ ANIYANMON, S/O.RAMACHANDRAN, KOTTANGAL VEEDU, KUZHAKKUMURI, NIRANAM VILLAGE, THIRUVALLA TALUK. 2. NOUSHAD @ RATHEESH, KADALADI VEEDU, NEAR MUSLIM KOCHUPALLI, POOVAR DESOM, THIRUPURAM VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.AJITH MURALI RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6619 of 2009 ------------------------------------ Dated this the 16th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in Crime No.397/2009 of Balaramapuram Police Station. 2. The offences alleged against the petitioners are under Sections 457, 461, 380 and 411 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that between 8 P.M. on 02.08.2009 and 6 A.M. on 03.08.2009, the accused persons broke open a jewellery at Balaramapuram and committed theft of 539 sovereigns of gold and 5 kgs of silver, value of which was estimated at Rs. 59,89,000/-. 4. Accused No.1 was arrested on 25.09.2009. Accused No.2 was arrested on 03.10.2009. 5. The learned Public Prosecutor submitted that the investigation is not over. Only 267 sovereigns of gold were recovered. The rest of the gold and the silver are yet to be B.A. No. 6619 of 2009 2 recovered. It is also submitted that the petitioners are involved in several criminal cases. The learned Public Prosecutor submitted that if the petitioners are released on bail , it is most likely that they would indulge themselves in offences of similar nature. It is also most likely that the petitioners would tamper with the evidence and intimidate witnesses. 6. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioners, I am not inclined to grant bail to the petitioners at this stage. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln