IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 Bail Appl..No. 5534 of 2009() ----------------------------- CRIME NO.178 OF 2009 OF POZHIYOOR POLICE STATION .................... PETITIONER (S): ACCUSED NO.10 ----------------------------------------------- SASI, AGED 34 YEARS, S/O. VARGHESE, NEDUVANVILA MOTHIRAMMADAKKI VEEDU, KARUMANOOR DESOM, PARASSALA VILLAGE. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): COMPLAINANT ---------------------------------------------- STATE OF KERALA,REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING, SUB INSPECTOR, POZHIYOOR POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5534 of 2009 --------------------------------------------- Dated this the 7th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.10 in Crime No.178 of 2009 of Pozhiyoor Police Station. 2. The offences alleged against the petitioner are under Sections 120B, 395 and 412 of the Indian Penal Code read with Sections 20 and 27 of the Arms Act. The petitioner was arrested on 10.9.2009. He is in judicial custody. 3. On 31.8.2009, while the defacto complainant and his brother-in-law were coming on a motor bike after closing the jewellery shop of the defacto complainant, accused Nos.1 to 4 attacked them with swords and other dangerous weapons and robbed 4½ kgms. of gold ornaments. The prosecution further alleges that accused No.3 entrusted some of the ornaments to accused No.8 for sale. Accused No.8 entrusted some of the ornaments to accused No.10 (petitioner herein). The allegation is that some of the ornaments were sold by accused No.10 and some other ornaments were kept in his possession. According to BA No.5534/2009 2 the prosecution, the petitioner received the stolen articles fully knowing that the articles were stolen. The investigation is not complete. It is submitted by the learned Public Prosecutor that if the petitioner is released on bail at this stage, it would affect the proper investigation of the case. In the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl