IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 Bail Appl..No. 3530 of 2009() ------------------------------------------ CRIME NO.118/2008 OF KATTAKADA POLICE STATION PETITIONER/3RD ACCUSED: ---------------------------------------------- ANILKUMAR @ MAMBAZHAKKARA ANI S/O.APPUKUTTAN SASTHA SADANAM, NEAR KALLUPALAM, MULLARAVILA, PERUMBAZHUTHOOR DESOM AND VILLAGE. BY ADV. SRI.M.R.SARIN RESPONDENT : -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3530 of 2009 ------------------------------------ Dated this the 3rd day of July, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the 3rd accused in Crime No.118/2008 of Kattakada Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioner are under Sections 457, 461, 380 and 441 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the accused committed theft of gold ornaments belonging to the sister of the defacto complainant, after breaking open the door of the house in which she was residing. The gold ornaments were sold to another person. The petitioner was arrested on 1/06/2009. 4. The learned Public Prosecutor submitted that investigation of the case is not over and that the petitioner is involved in a murder case as well. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence, the present stage of B.A. No.3530/2009 Page numbers investigation and the fact that the petitioner is involved in a murder case, I do not think that the Bail Application is liable to be allowed at this stage. If the petitioner is released on bail at this stage, it is likely that he may tamper with evidence or influence or intimidate the witnesses, as pointed out by the learned Public Prosecutor. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm