IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 Bail Appl..No. 6756 of 2008() ----------------------------- CRIME NO.427/08 OF VALAPPAD POLICE STATION PETITIONER -------------------- NISHAB.A.A, S/O. ABOOBACKER, AGED 24 YEARS, ALIYAN VEEDU, ERAMUM, MUPPATHADAM, ALUVA. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, VALAPPAD POLICE STATION, VALAPPAD. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.6756 of 2008 ----------------------------------------- Dated this the 4th November, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 395 of the Indian Penal Code. According to prosecution, while de facto complainant was travelling in a motorcycle, he was intercepted by accused 1 to 6 and Rs.30,000/-, a pen drive and a key were robbed from his possession by them. Petitioner is the fourth accused. On a statement given by de facto complainant on 5.8.2008, a crime was registered on the same day of occurrence. 3. Petitioner was arrested on 14.9.2005 and he is in custody for the past 49 days. Learned counsel for petitioner submitted that in other cases petitioner is already granted bail. This petition is opposed. Learned Public Prosecutor submitted that petitioner is involved in similar other crimes. The investigation is at the initial stage and one of the accused is not arrested. Recovery is not fully effected. In such circumstances, if petitioner is released on bail, it is likely that evidence will be tampered with and witnesses will be influenced or intimidated. BA.6756/08 2 4. On hearing both sides, I am satisfied that if the petitioner is granted bail at this stage, it will adversely affect the investigation and it may not be proper to grant bail to petitioner at this stage. Petition is dismissed. K.HEMA, JUDGE vgs.