IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 Bail Appl..No. 4135 of 2008() ----------------------------- CMP.2940/2008 of J.M.F.C.,TIRUR CRIME NO. 460/2008 OF TIRUR POLICE STATION PETITIONER/ACCUSED NO.4 ---------------------------------------- SANEER, S/O.MUHAMMED SAHALU KIZHAKKE VEETTIL , ILATHUPADI DESOM, EDAVANAKKADU VILLAGE, ERNAKULAM BY ADV. SRI.T.K.KUNHABDULLA RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY S.I. OF POLICE TIRUR POLICE STATION, THROUGH THE PUBLIC PROASECUTOR, HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4135 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of June, 2008 O R D E R Application for bail 2. The alleged offences are under sections 120B & 395 IPC. According to the prosecution, while the defacto-complainant was travelling in a car, the petitioner and the other accused obstructed the car and robbed of gold ornaments worth Rs.60 lakhs and also an amount of Rs.2,70,000/-. 3. The learned Public Prosecutor submitted that accused 1 to 4 and 8 were arrested from the railway station while they were coming from Bangalore and certain gold ingots were seized from their possession. The petitioner is the 4th accused. All other accused except accused 10 and 14 are in custody. Accused 10 and 14 could not be arrested and the recovery could not be effected in full so far. Hence, release of the petitioner will adversely affect the investigation, it is submitted. 4. Learned counsel for the petitioner submitted that the petitioner is in custody from 23-5-2008 on wards. The petitioner's custody may not be required for the purpose of investigation or for the purpose of recovery. BA 4135/08 -2- 5. On hearing both sides, I am satisfied that the investigation is at the initial stage and the release of the petitioner at this stage may affect the investigation adversely. Hence, the application is dismissed. K. HEMA, JUDGE. mn.