IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 Bail Appl..No. 9057 of 2011 CRIME NO.842 OF 2011 OFKOTTAYAM WEST POLICE STATION, KOTTYAM. PETITIONER/ACCUSED -------------------------------------- RUBYMON @ ROOBY,S/O.JOHN, VATTAKKATTIL HOUSE,THIRUVANCHOOR(PO), KOTTAYAM DISTRICT. BY ADV. SRI.M.V.THAMBAN, R.REJI, THARA THAMBAN, BIPIN B AND REVATHY P.NAIR. RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTELD BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE SUB INSPECTOR OF POLICE, KOTTAYAM WEST POLICE STATION, KOTTAYAM DISTRICT. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9057 OF 2011 ------------------------------------------------------ Dated this the 8th day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.842 of 2011 of Kottayam West Police Station. 2. The offences alleged against the petitioner are under Sections 381, 406 and 420 of the Indian Penal Code. 3. The prosecution case is that the petitioner was staying with the de facto complainant as a domestic servant in her house. The de facto complainant is aged 75 years. Her children are working abroad. The allegation is that the petitioner committed theft of ten sovereigns of gold ornaments and misappropriated Rupees Seven lakhs given to him for depositing in a bank. It is also alleged that an autorickshaw was given to the petitioner for plying and the autorickshaw was not returned. The petitioner was arrested on 7.10.2011 and he was remanded to judicial custody. BAIL APPL. NO.9057 OF 2011 :: 2 :: 4. The investigation is at the initial stage. It is submitted that if the petitioner is released on bail at this stage, it would not be possible to successfully complete the investigation. It is also likely that the petitioner may intimidate or influence the witnesses and tamper with the evidence. The advanced age of the victim is also a relevant factor to be taken note of. 5. The allegations levelled against the petitioner are serious in nature. In the facts and circumstances of the case, I do not think that the petitioner can be released on bail at this stage. Investigation of the case is in progress. The advanced age of the defacto complainant is a relevant factor to be taken note of in considering the Bail Application of the petitioner. If bail is granted to the petitioner at this stage, it is most likely that he would intimidate or influence the victim and witnesses and tamper with the evidence. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/