IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 Bail Appl..No. 1879 of 2009(B) ------------------------------------------ (CRIME NO. 43/2009 OF BEKAL POLICE STATION) ................ PETITIONER/2ND ACCUSED: ----------------------------------------- HAMZA,S/O.ABDULLAKUNHI, CHENDATHODI HOUSE, NEKARJE VILLAGE. BY ADV. SMT.T.SUDHAMANI. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. C.K. SURESH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/04/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V.K.MOHANAN, J. ---------------------------------------------- B.A.No.1879 OF 2009 ---------------------------------------------- Dated 21st April, 2009. ORDER Petitioner is the 2nd accused in crime No.43/2009 of Bekal police station in which the allegation is that he along with other accused committed the offence punishable under sections 457, 380 and 461 read with Section 34 IPC. Connected with the said allegation, the petitioner herein was arrested on 26.3.2009 and he is under judicial custody thereafter. Hence, he seeks regular bail. As he was already in custody from 8.3.2009 in crime No.157/2009 of Hosdurg police station, he was produced in court on 26.3.2009 and his arrest was recorded in the present crime. 2. The allegation against the petitioner is that in between 28.1.2009 at 18 hours and 29.1.2009 at 10.a.m. the petitioner along with others broke open the lock of Pallikkara Village Office and committed theft of seal and files and destroyed some files by setting fire. It B.A.NO.1879 OF 2009 :-2-: is also alleged that a Nokia mobile phone of the Village Assistant kept in the table was also stolen. 3. I have heard the learned counsel for the petitioner as well as the learned Public Prosecutor. The learned Public Prosecutor stoutly opposed the bail application. 4. From Annexure-I order,(produced in B.A.No.1878/2009), it appears that the accused along with other accused in crime No.157/2009 of Hosdurg police station produced fake basic tax receipts all over Kerala to release the accused in different cases especially in theft cases. It is also the allegation that during investigation, it reveals that two books from Panayal village and Pallikkara village have been stolen and using that books, fake basic tax receipts are manipulated. The above allegation is very serious in nature. By commission of the said offence and also by manipulating fake basic tax receipts, the accused has indirectly interfered with the administration of justice which cannot be tolerated and B.A.NO.1879 OF 2009 :-3-: liable to be dealt with all seriousness. Accordingly, the prayer for bail is rejected. In the result, there is no merit in the petition and hence the same is dismissed. V.K.MOHANAN,JUDGE. kvm/-