IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Bail Appl..No. 6563 of 2008() ------------------------------------ MP.15256/2008 of J.M.F.C.-I,THRISSUR CRIME NO. 517/08 OF VIYYUR POLICE STATION .................... PETITIONER/3RD ACCUSED IN CRIME : ------------------------------------------------ MAJEED, AGED 47 YEARS, S/O. ABDUL KADER, PONNAMPADIKAL HOUSE, KARAYAMUTTAM. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA, REP. BY THE S.I OF POLICE, VIYYUR, REP. THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6563 OF 2008 ------------------------------ Dated this the 7th day of November, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 394 of I.P.C. According to prosecution, accused nos.1 to 3 hired an auto rickshaw and on the way, a gold chain was snatched from the driver/defacto complainant by first accused. Accused nos. 2 and 3 assaulted him in order to commit robbery. On a complaint filed by defacto complainant, a crime was registered. 3. Learned counsel for petitioner submitted that petitioner (third accused) was arrested on 10.10.2008 and he is absolutely innocent of the allegations made. First accused is his brother-in-law and he had promised to arrange some personal loan for the petitioner and accused nos. 1 and 2 came in an auto rickshaw to third accused and he was taken in the auto rickshaw for making arrangements for the loan. This fact is revealed from the statement given by the defacto complainant himself. It is stated therein that defacto B.A.6563 of 2008 2 complainant heard the passengers talking about some loan etc. and a stamp paper was bought by first accused. Therefore petitioner was not aware of the culpable intention of the other accused and hence he may be granted bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that the defacto complainant stated that there was some controversy regarding borrowing of amount etc. but the defacto complainant has specifically stated that third accused also assaulted him. The gold chain was snatched by first accused. Second accused is yet to be arrested and hence at this stage, bail may not be granted, it is submitted. On hearing both sides, I am satisfied that it is not fit to grant bail to the petitioner at this stage. The petition is dismissed. K.HEMA, JUDGE pac