IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 Bail Appl..No. 5449 of 2009() ----------------------------- CRIME NO.955/2009 OF KODUNGALLUR POLICE STATION PETITIONER/IST ACCUSED ------------------------------------------ NIKILDEV, S/O.BHASI, KUNJUMAKKANPURAKKAL HOUSE, KARA, EDAVILANGU. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN RESPONDENT(S): COMPLAINANT -------------------------- STATE, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE S.I. OF POLICE, KODUNGALLUR. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/09/2009, ALONG WITH BA NO.5447/2009 AND ANOTHER, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------------------- B.A.Nos.5447, 5449 & 5450 of 2009 ----------------------------------------------------------- Dated this the 25th day of September, 2009 ORDER These Bail Applications are filed by Nikhildev, who is the first accused in Crime No.965 of 2009 and Crime No.955 of 2009 and the third accused in Crime No.964 of 2009 of Kodungallur Police Station. 2. The offence alleged against the petitioner is under Section 379 read with Section 34 of the Indian Penal Code. 3. The subject matter of theft is motor bikes. The allegation is that the petitioner and the other accused committed theft of one motor bike on 11.8.2009 and two motor bikes on 16.8.2009. Thus, the three crimes were registered in respect of the theft of each motor bike. 4. The learned counsel for the petitioner submitted that the petitioner is aged only 18 years and that he is suffering from diabetes. It is also pointed out that another accused by name Rafeeq was granted bail by the order passed by the learned Sessions Judge on 17th September 2009. BA No.5450/2009 2 5. The learned Public Prosecutor opposed the Bail Application. He submitted that the investigation is not over and if the petitioner is released on bail at this stage, it would seriously affect the proper investigation of the case. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the stage of investigation, I am of the view that the petitioner cannot be released on bail at this stage. Accordingly, the Bail Applications are dismissed. K.T.SANKARAN, JUDGE csl