IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 Bail Appl..No. 7493 of 2009() ----------------------------- CRMP.3997/2009 of D.C.& SESSIONS COURT,THODUPUZHA .................... (CRIME NO.182/2006 OF NEDUMKANDAM POLICE STATION) PETITIONER/ACCUSED NO.4: -------------------------------------------- THIRUPATHI, AGED 28 YEARS, S/O.KAYAMBOO, NOW RESIDING AT E.P.15/65, MAVILEZHATHU, AAYOOR EDAMULAKKAL VILLAGE, KOTTARAKKARA, KOLLAM DIST., PERMANENT RESIDENCE AT MEENAKSHI BHAVAN, NEAR THEVARSILAI BUS STAND, KURUVAR PETTI TALUK, THOOTHUKUDI, TAMILNADU. BY ADV. MR.MANSOOR.B.H. RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DETECTIVE INSPECTOR, S.I.G.II, CBCID, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MT. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ B.A.NO.7493 OF 2009 ------------------------------------------ Dated 18th December 2009 O R D E R Petitioner is the fourth accused in crime No.182/2006 of Nedumkandam police station being investigated by CBCID, Ernakulam for the offences under Sections 489 B and C read with Section 34 of Indian Penal Code. Petitioner was arrested on 29/10/2009 and since then he has been in custody. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Argument of the learned counsel is that is that as the petitioner has been in custody from 29/10/2009 he be released on bail and he is prepared to abide by any BA 7493/09 2 condition. It is also submitted that petitioner is not involved in the offences. 4. Learned Public Prosecutor submitted that case is under investigation and if the petitioner is to be released at this stage, it would affect the investigation. 5. Considering the nature of the offences and the necessity for a proper investigation, so as to reach the root of the offence, it is not in the interest of justice to release the petitioner at this stage. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.