IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 Bail Appl..No. 5556 of 2011() ----------------------------- CRIME NO.566/2011 OF KAYAMKULAM POLICE STATION PETITIONER/ACCUSED A2 : ------------------------------ RAJESH, AGED 29 YEARS, S/O. CHANDRA DAS, LEELA BHAVANAM, PUTHUPALLI VADAKKUM MURI, PUTHUPALLI VILLAGE. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT --------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5556 of 2011 --------------------------- Dated this the 14th day of July, 2011 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.2 in Crime No.566 of 2011 of Kayamkulam Police Station. 2. The offences alleged against the petitioner are under Sections 457, 461 and 380 of the Indian Penal Code. 3. The prosecution case is that on 29.4.2011, during night, the accused broke open the front door of the house of the de facto complainant and committed theft of gold ornaments weighing 20 gms. and cash of ` 20,000/-. It is alleged that after committing the crime, the accused persons sprinkled chilly powder in the rooms in the house to avoid detention by the police with the help of sniffer dog. The petitioner was arrested on 7.6.2011 and he was remanded to judicial custody. BA 5556/2011 2 4. The investigation is in progress. If the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. It is likely that he would indulge in intimidating the prosecution witnesses and tampering with the evidence. In these circumstances, I am of the view that bail cannot be granted to the petitioner at this stage. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN JUDGE csl