IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 Bail Appl..No. 3310 of 2010() ----------------------------- CRMP.5174/2010 of J.M.F.C.,IRINJALAKUDA .................... (CRIME NO.224/10 OF KATTOOR POLICE STATION) PETITIONER/ACCUSED NO.5: ------------------------------------------- SAHILDEV, AGED 24 YEARS, S/O.SADASIVAN, KONTIYARA HOUSE, KARA DESOM, EDAVILANGU VILLAGE, KODUNGALLOOR TALUK, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT(S): COMPLAINANT: --------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 3310 of 2010 ------------------------------------ Dated this the 8th day of June, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 341, 365, 395 and 120-B of the Indian Penal Code. According to prosecution, a criminal conspiracy was hatched among accused nos. 1 to 6 and on 03.05.2010 at about 2.45 P.M., petitioner(A5) along with five other accused travelled in a scorpio car and wrongfully restrained de facto complainant, who was travelling in an autorickshaw and assaulted him, snatched away Rs. 35,000/- and ATM card from him. They also withdrew Rs. 50,000/- from the account of de facto complainant through ATM counter causing a loss of Rs. 85,000/- to him. 3. Learned counsel for petitioner submitted that petitioner's father was admitted in a hospital in Kuthattukulam for an eye operation and he had gone there. Petitioner had hired a scorpio car and his friends had used the same and he has nothing to do with the offence. He is not involved in any other offence, it is submitted. B.A. No. 3310 of 2010 2 4. This petition is opposed. Learned Public Prosecutor submitted that the incident happened on 03.05.2010 and the petitioner was arrested on 10.05.2010. Petitioner is involved in another crime also of similar nature. He was taken into custody by the police on 10.05.2010 in that case and the arrest in this case was effected on the same day. It is also submitted that first accused is involved in 23 other crimes of similar nature which includes offence under Section 306 of the Indian Penal Code. Second accused is having criminal background and he is involved in six other cases including a murder case. Third and fourth accused are also involved in three other similar cases. Sixth and seventh accused are also involved in other crimes. 5. On hearing both sides, considering the various facts pointed out by learned Public Prosecutor, I am not inclined to grant bail to petitioner at this stage. Petitioner has not made out any ground to grant bail. This petition is dismissed. K. HEMA, JUDGE ln