IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 Bail Appl..No. 126 of 2009() ---------------------------- CMP.3274/2008 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM CRIME NO. 1558/2008 OF KOTHAMANGALAM POLICE STATION PETITIONER/IST ACCUSED ------------------------------------------ SHAJAHAN @ SHAJI, AGED 28 YEARS/2008 S/O.KHADAR, AATTAYAM HOUSE, THURAMGAM BHAGAM, KOTTAPPADY KARA, KOTTAPPADY VILLAGE. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ STATE OF KERALA, REP. BY THE C.I OF POLICE, KALLURKKADU, (ADDL.CHARGE OF C.I. OF POLICE, KOTHAMANGALAM), IN CRIME NO.1558/2008 OF KOTHAMANGALAM POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 682 031. PUBLIC PROSECUTOR SRI. C.M.KAMMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 126 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 15th day of January,2009 O R D E R Petition for bail. 2. The alleged offences are under sections 393 read with section 34 IPC. According to prosecution, on 9-12-2008 while de facto complainant was standing in a bus stand, accused 1 to 3 came in a car and offered a lift to him and when he got into the car, accused 1 and 2 held both his hands by force and 3rd accused robbed an amount of Rs.36,000/- and a mobile phone from him, in furtherance of common intention. 3. Petitioner is the 1st accused in the crime. Learned counsel for petitioner submitted that the incident occurred did not occur, as alleged. According to him, all the accused are petitioner's friends and they were returning from a bar. Because of some quarrel between them a false case is filed. Petitioner is in custody from 9-12-2008 onwards. 4. This petition is opposed. Learned Public Prosecutor submitted that accused 2 and 3 are yet to be arrested and articles are not fully recovered and in such circumstances, at this stage, if petitioner is granted bail, it will adversely affect the investigation. BA 126/09 -2- 5. On hearing both sides, I am satisfied that it may not be proper to grant bail at this stage. This petition is dismissed. K.HEMA, JUDGE. mn.