IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 Bail Appl..No. 5679 of 2009() ----------------------------- CRIME NO.202/2009 OF THALASSERY POLICE STATION .................... PETITIONER/4TH ACCUSED: ------------------------------------------- SHAJI PANAKKADA, S/O.SASIDHARAN, AGED 34 YEARS, PAINTER, RURAL WOMEN COLONY, VARAM, ELYAVOOR, KANNUR. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): COMPLAINANT: --------------------------- THE STATION HOUSE OFICER, THALASSERY POLICE STATION, KANNUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5679 of 2009 --------------------------------------------- Dated this the 6th 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.4 in Crime No.202 of 2009 of Thalassery Police Station. 2. The offences alleged against the petitioner are under Sections 362, 368 and 395 of the Indian Penal Code. 3. The prosecution case is the following: The defacto complainant belongs to Ollur. He was engaged in supplying finished gold ornaments to various jewellery shops in and around Kannur. On 8.5.2009, at about 9.30 p.m., while he was walking along the road at Kannur, the accused persons came in a Maruti Alto car, forcibly dragged the defacto complainant into the car and drove away. They robbed gold ornaments worth Rs.2,50,000/-, currency of Rs.9,000/- and a mobile phone from the defacto complainant. Later, he was abandoned at another place. The petitioner was arrested on 13.8.2009 and he was remanded to judicial custody. BA No.5679/2009 2 4. The learned Public Prosecutor submitted that the petitioner is involved in 12 other cases of similar nature. 5. When the allegation is that the petitioner is involved in several cases of similar nature and where the allegation is theft, robbery, decoity etc., unless there are cogent reasons for granting bail, I am of the view that bail cannot be granted as a matter of course. If the petitioner is released on bail, there is every likelihood of his indulging in similar criminal activities to the misery and peril of the public at large. It is also likely that the petitioner may make himself scarce and try to influence the witnesses, as rightly pointed out by the Public Prosecutor. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE csl