IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 Bail Appl..No. 4767 of 2009() ------------------------------------- CRIME NO.120/2009 OF NEMOM POLICE STATOIN, THIRUVANANTHAPURAM. PETITIONER/ACCUSED: -------------------------------------- BIJU ALIAS ERNAKULAM BIJU, S/O.RABI, BIJU BHAVAN, AYANIYARATHALAIKAL V.P.VI/891, CHAKKIPPARA, NEDUMANNOOR, PERUMKULAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4767 of 2009 ------------------------------------ Dated this the 16th day of September, 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 second accused in Crime No.120/2009 of Nemom 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 on 17.11.2008, the accused persons snatched a gold chain worn by the defacto complainant. The accused persons came on a motor bike and snatched the gold chain while the defacto complainant was walking along the road. The formal arrest of the petitioner was recorded on 21.04.2009. The charge was laid in the case on 29.04.2009 and the case is numbered as C.C. No. 438 of 2009 on the file of the court of the Judicial Magistrate of the First Class, Neyyattinkara. 4. The petitioner had filed Bail Application No. 3844/2009 for Regular Bail, which was dismissed by me as per the order B.A. No. 4767 of 2009 2 dated 28.07.2009. The petitioner has filed this Bail Application for the same relief. 5. Learned Public Prosecutor vehementally opposed the Bail Application. It is submitted that the petitioner is involved in several theft cases. There are 31 such cases pending against him. The petitioner is involved in a murder case and in a rape case. 6. In the facts and circumstances of the case, I am not inclined to grant bail to the petitioner irrespective of the fact that charge was laid in the case. If the petitioner is released on bail, he would make himself scarce. It is also likely that he may try to influence or intimidate the witnesses and tamper with the evidence. It is most likely that he may indulge in similar criminal activities. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln