IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 Bail Appl..No. 7265 of 2009() ------------------------------------------ (CRIME NO.762/2009 OF VARKALA POLICE STATION, THIRUVANANTHAPURAM RURAL) PETITIONER:3RD ACCUSED: ------------------------------------------- JAYAN @ JAYACHANDRAN, AGED 26 YEARS, S/O.JANARDHANAN @ COMPUTER RESIDING AT KOLAPOIKA PUTTANVEEDU, PERUMPUZHA DESOM, ELAMBALLOOR VILLAGE, KOLLAM DISTRICT. BY ADV. MR.JOHNSON GOMEZ RESPONDENT(S): ---------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, THROUGH THE CIRCLE INSPECTOR OF POLICE, VARKALA POLICE STATION. BY PUBLIC PROSECUTOR MR. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ B.A.NO.7265 OF 2009 ------------------------------------------ Dated 18th December 2009 O R D E R Petitioner is the third accused in crime No.762/2009 of Varkala police station registered for the offences under Sections 143, 147, 148, 149, 120B, 109, 302 and 307 of Indian Penal Code and Section 27 of Arms Act. Petitioner had earlier filed bail application No.6188/2009 which was dismissed by this court on 25/9/2009. This petition is filed for bail contending that he was arrested on 30/9/2009 and since then he has been in custody. Learned counsel submitted that petitioner was not in anyway involved in the incident and his motor bike which was taken by ninth accused on the representation that he need the bike to see the proposed bride and petitioner was not BA 7265/09 2 aware of the incident at all and in such circumstances, bail is to be granted. 2. Learned Public Prosecutor submitted that case is under investigation and this court while passing Annexure-A2 order had occasion to peruse the case diary and dismissed the application and when the investigation is in progress it is not in the interest of justice to release the petitioner on bail. 3. I find force in the submission. In the nature of the offences alleged, whether the petitioner was actually involved in the incident or not are all matters to be properly investigated. He cannot be released on bail at this stage. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.