IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 Bail Appl..No. 6079 of 2009 CRIME NO.254 OF 2009 OF KUTHUPARAMBA POLICE STATION PETITIONER/1ST ACCUSED ------------------------------------------ M.P.SUJITH, S/O. RAGHAVAN, AGED 29 YEARS, COOLIE RESIDING AT KARIYIL HOUSE, P.O. NIRMALAGIRI, KUTHUPARAMBA, KANNUR DISTRICT. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT: STATE -------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6079 OF 2009 ------------------------------------------------------ Dated this the 23rd day of October, 2009 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.1 in Crime No.254 of 2009 of Kuthuparamba Police Station. 2. The offence alleged against the petitioner is under Section 394 of the Indian Penal Code. 3. The prosecution case is that on 13.8.2009, the accused persons, two in number, came on a motor bike and attempted to loot jewellery items from a jewellery which was scheduled to be inaugurated on 14.8.2009. In that process, the security guard of the jewellery was attacked with a sword and he sustained injuries. The accused persons escaped from scene. 4. The petitioner was arrested on 17.9.2009 and he was remanded to judicial custody. Accused No.2 is not arrested so far. B.A. NO. 6079 OF 2009 :: 2 :: The investigation is in progress. If the petitioner is released on bail at this stage, it would seriously affect the proper investigation of the case. It is also likely that the investigating agency may not be able to arrest the second accused, if the petitioner is released on bail. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/