IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 Bail Appl..No. 5986 of 2009() ----------------------------- CRIME NO.728 OF 2008 OF PUNALUR POLICE STATION .................... PETITIONER : 1ST ACCUSED ------------------------------------------ MUNEER,AGED 24 YEARS, S/O.BASHEER, PALAVILA PUTHEN VEEDU, NEAR CHIRIYL WELFARE SCHOOL, EDAVATTOM, PERINADU VILLAGE. BY ADV. SRI.D.AJITHKUMAR RESPONDENT(S): COMPLAINANT -------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PUNALUR. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5986 of 2009 --------------------------------------------- Dated this the 2nd day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.728 of 2008 of Punalur Police Station. 2. The offence alleged against the petitioner is under Section 379 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that in the third week of May 2009, the accused persons committed theft of the motor bike belonging to the defacto complainant. The petitioner was arrested in connection with Crime No.859 of 2009 of Kollam Police Station on 30.7.2009. His formal arrest was recorded in the present case on 9.9.2009. 4. The learned Public Prosecutor submitted that the petitioner is involved in nine other cases of similar nature registered in Kollam East Police Station. The petitioner is an accused in two cases registered in Punalur Police Station in respect of which the present Bail Application and Bail BA No.5986/2009 2 Application No.5978 of 2009 were filed by the petitioner. 4. Taking into account the facts and circumstances of the case, the fact that the investigation is not complete and the fact that the petitioner is involved in ten other cases involving similar offences, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl