IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 Bail Appl..No. 941 of 2010() ---------------------------- CRIME NO.168/2009 OF NALLALAM POLICE STATION .................... PETITIONERS/ACCUSED --------------------------------------- 1. SIBI CHANDRAN, S/O.C.M.CHANDRAN, AGED 30 YEARS, CHANDRALAYAM HOUSE, NEAR MAR BASIL HIGH SCHOOL, KARUVUR KAVALA, KOTHAMANGALAM VILLAGE, ERNAKULAM. 2. ELDO PAUL, S/O.POULOSE, AGED 25 YEARS, KANAKAM CHERI HOUSE, PALOOR, PIRAVOM VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM. 3. SIBI MARKOZ, S/O.T.A.MARKOZ, AGED 26 YEARS, PAZHAYAPANCHAYATH KAVALA, PIRAVOM, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. 4. NEBIN V.L., S/O.LEMU SAMUVAL, 22 YEARS, VALIYAPARAMBIL HOUSE, VALIYAPARAMBIL HOUSE, CHUNKATHARA POST, MANALI, NILAMBUD. 5. DEEPU THOMAS, S/O.P.C.THOMAS, AGED 27 YEARS, S/O.MAMALAKAVALA, PAZHUR, PIRAVOM VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM. BY ADV. SRI.M.Y.VARGHESEKUTTY RESPONDENT(S): --------------- STATE OF KERALA, REP. BY C.I. OF POLICE, NALLALAM POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.941 of 2010 --------------------------------------------- Dated this the 18th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.2, 3, 5, 6 and 4 in Crime No.168 of 2009 of Nallalam Police Station. 2. The offences alleged against the petitioners are under Sections 120B, 365 and 395 of the Indian Penal Code. 3. The prosecution case is the following: The de facto complainant is working in a travel agency, run by his relative in Wayanad. On 12.4.2009, the de facto complainant came to Calicut as directed by his employer to give Rs.1,25,000/- to a travel agency at Ramanattukara. From Wayanad, the de facto complainant came to Calicut. From the bus stand at Mavoor road, he got into a bus to go to Ramanattukara. He was told the said bus was not passing through Ramanattukara. The de facto complainant was directed to get down at Meenchantha. He got down at Meenchantha. In order to make a call to his employer, he wanted to get a coin. He BA No.941/2010 2 got into a shop to purchase cigarettes so that he could get the changes. At that time, the accused persons came in a Tavera car, stopped in front of the shop and forcibly took the de facto complainant into the vehicle and left the car. 4. The de facto complainant was beaten by the accused persons and the money in his possession was taken by them. Thereafter, he was left at Chalapuram in Kozhikode. The car was found in an abandoned stage in Calicut city itself. On a search of the car, mobile phones belonging to some of the accused persons, the dress belongs to some of the accused persons and other articles belongs to other accused persons were found in the car. The car belongs to another person. 5. The petitioners were arrested on 22.1.2010. According to the petitioners, they surrendered before police. The learned Public Prosecutor submitted that the investigation is not over. Accused Nos.1 and 7 are yet to be arrested. 6. Taking into account the facts and circumstances of the case, the nature and gravity of the offence, the present stage of investigation and the fact that accused Nos.1 and 7 are not arrested, I do not think that the petitioners can be released bail BA No.941/2010 3 at this stage. If the petitioners are released on bail at this stage, it is likely that they would indulge in activities to intimidate or influence the witnesses. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE csl