IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 11TH MAY 2007 / 21ST VAISAKHA 1929 Bail Appl..No. 2725 of 2007() ----------------------------- CMP.1320/2007 of J.M.F.C.,MALAPPURAM .................... (CRIME NO.130/2007 OF KOTTAKKAL POLICE STATION,MALAPPURAM) PETITIONER/ACCUSED NO.3: -------------------------------------------- S.SHANIL @ BABU, S/O.LALAN, AARUCHIRAYIL HOUSE, PALARIVATTOM, THAMMANAM, KOCHI - 25. BY ADV. SRI.P.V.ANILKUMAR SRI.JOSHY THOMAS RESPONDENT: COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, KOTTAKKAL POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.K.BABU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/05/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ B.A.NO.2725 OF 2007 ------------------------------------------ Dated 11th May 2007 O R D E R Petitioner is third accused in crime No.130/07 of Kottakkal police station. Offences alleged are under Sections 362 and 395 of Indian Penal Code. Petitioner was arrested on 16/4/2007. Learned counsel appearing for petitioner vehemently argued that amount recovered was only Rs.274/- and a mobile phone and he is a resident of Ernakulam and cannot be expected to commit dacoity robbery at Malappuram. Learned Public Prosecutor submitted that investigation is in progress and co-accused are to be arrested and in such circumstances bail may not be granted. 2. Considering the nature of the offence and the stage of investigation I do not find it in the interest of justice to grant bail to the petitioner at this stage. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.