IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 Bail Appl..No. 3415 of 2009() ----------------------------- CRIME NO.210/2009 OF MANNUTHI POLICE STATION .................... PETITIONERS/4TH ACCUSED ------------------------------------------- JIJO, AGED 21 YEARS, S/O.LATE AJITH, PALLITHADATHIL HOUSE, CHANDAPPADI, PONNANI H.P.O., MALAPPURAM DISTRICT. BY ADV. SRI.NOUSHAD THOTTATHIL RESPONDENT(S): --------------- THE SUB INSPECTOR OF POLICE, MANNUTHI POLICE STATION, MANNUTHI P.O., THRISSUR, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3415 OF 2009 ------------------------------------------------------ Dated this the 1st July, 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.4 in Crime No.210 of 2009 of Mannuthi Police Station. 2. The offence alleged against the petitioner is under Sections 392 and 120B read with Section 34 of the Indian Penal Code. 3. There are eight accused persons involved in the case. The prosecution case is that while the de facto complainant was travelling on a bicycle, he was intercepted by the accused persons, chilly powder was thrown on the face of the de facto complainant and the bag containing an amount of Rs.1,24,240/- was snatched away. The petitioner was arrested on 9.5.2009 and he is in judicial custody. 4. Learned Public Prosecutor submitted that the investigation is not over. 5. Taking into account the facts and circumstances of the case, the B.A. NO. 3415 OF 2009 :: 2 :: duration of the judicial custody undergone by the petitioner, the nature and gravity of the offence and the present stage of investigation, I do not think that the petitioner can be granted bail at present. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/