IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 Bail Appl..No. 5226 of 2011() ----------------------------- CRMP.949/2011 of J.M.F.C.,KOLENCHERRY CRIME NO.213/2011 OF PUTHENCRUZ POLICE STATION .................... PETITIONER/ACCUSED NO.2 ------------------------- ELDHOSE PATHROSE, S/O.PAPTHROSE, CHAKKUMKAL HOUSE,PAZHAMTHOTTAM KARA, AIKKARANAD NORTH VILLAGE. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA,REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------ Bail Appln.No.5226 of 2011 ------------------------------------------- Dated this the 07th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.213 of 2011 of the Puthencruz Police Station. 2. The offences alleged against the petitioner are under Sections 381 & 454 of the Indian Penal Code. 3. The prosecution case is that accused Nos.1 and 2 who were working respectively as Chemist and Packing Assistant in a company engaged in spices extraction, along with accused No.3 committed theft of large quantity of essential oil from the premises of the company. The petitioner was arrested on 05/06/2011 and he was remanded to judicial custody. Though in the F.I. Statement it is alleged that loss sustained was to the tune of Rs.2.5 lakhs to Rs.7.5 lakhs, the learned Public Prosecutor submitted that investigation revealed that goods worth Rs.2 crores were stolen by the accused persons. The learned Public Prosecutor also submitted that the recovery of the goods have not been effected fully. Investigation of the case is pending. Bail Appln.No.5226/2011 : 2 : 4. The allegations levelled against the petitioner and other accused persons are grave in nature. Investigation is not over. The stolen goods have to be recovered. If at this stage bail is granted to the petitioner, it would adversely affect the proper investigation of the case. I do not think it is just and proper to grant bail to the petitioner at this stage. Accordingly, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj