IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 Bail Appl..No. 3205 of 2009 CRIME NO.256 OF 2009 OF CHERPU POLICE STATION PETITIONERS/ACCUSED --------------------------------------- SAJU, S/O.THOMAS, POTHUPARAVEETTIL HOUSE THORAVUR, ANAPARA DESOM, ERNAKULAM, (C/O.KRISHAVENY, KALIKOUNDER MARIYAMMAN COVIL STREET, DOOR NO.219/07). BY ADV. SRI.M.SHAJU PURUSHOTHAMAN RESPONDENT: COMPLAINANT -------------------------- STATE, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE C.I. OF POLICE, CHERPU. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3205 OF 2009 ------------------------------------------------------ Dated this the 15th June, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.256 of 2009 of Cherpu Police Station. 2. The offence alleged against the petitioner is under Sections 380 and 457 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 17.4.2009, the accused persons trespassed into Pallissery Bhagavathy Temple, broke open the strong room therein and committed theft of gold ornaments weighing four sovereigns and a sum of Rs.4,000/-. The petitioner was arrested on 28.4.2009 and he is in judicial custody since 29.4.2009. Learned Public Prosecutor submitted that the petitioner along with the first accused are involved in another case of the same nature. Learned Public Prosecutor also submitted that the investigation is at the initial stage and if bail is granted, the petitioner would indulge in intimidating or influencing the witnesses. It is also likely that he may make himself scarce. It is pointed out that he has married a lady from Salem. B.A. NO. 3205 OF 2009 :: 2 :: 4. Taking into account the facts and circumstances of the case, the nature of the offence and the present stage of investigation, I do not think that bail can be granted to the petitioner at this stage. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/