IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 Bail Appl..No. 1307 of 2010() ----------------------------- CRIME NO.193/2009 OF POZHIYOOR POLICE STATION .................... PETITIONER/4TH ACCUSED ------------------------------------------ BIJU @ KANNADI BIJU, AGED 24 YEARS, S/O.BABU, KUNCHAVILAKAM VEEDU, KOTTAPPU, MALAYINKEEZHU VILLAGE. BY ADV. SRI.R.GOPAN RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, PARASALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1307 of 2010 --------------------------------------------- Dated this the 8th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.193 of 2009 of Pozhiyoor Police Station. 2. The offences alleged against the petitioner are under Sections 379, 201, 411 and 413 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that between the night of 20.9.2009 and the early hours of 21.9.2009, a Mahindra Van belonging to the de facto complainant was stolen by accused Nos.4 and 5. They sold the vehicle to accused Nos.1 to 3. It is alleged that accused Nos.1 to 3 exhibited a fake registration number on the vehicle and they sold the vehicle to accused Nos.6 and 7. It is also alleged that accused Nos.6 and 7 used the vehicle for transporting spirit. The petitioner was arrested in connection with Crime No.268 of 2010 of Central Police Station and his formal arrest was recorded in the present case on BA No.1307/2010 2 15.2.2010. 4. The offence alleged against the petitioner is serious in nature. The investigation of the case is not over. The petitioner is involved in another offence of similar nature. If the petitioner is released on bail at this stage, it would adversely affect the proper investigation of the case. The learned Public Prosecutor is right in his submission that the petitioner is likely to make himself scarce and involve himself in other similar offences, if he is released on bail. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE csl