IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES THURSDAY, THE 27TH JULY 2006 / 5TH SRAVANA 1928 Bail Appl..No. 4494 of 2006 ----------------------------- (CRIME NO.109/2006 OF POOYAPPALLY POLICE STATION) PETITIONER/ACCUSED ----------------------------------- SUDHEER, S/O.MUHAMMED ISMAIL, AGED 26, ITTY POIKAYIL VEEDU, KARALIKKONAM, ELAMADU P.O. BY ADV. SRI.M.K.CHANDRA MOHANDAS SRI.K.P.PRATHEEP ROY RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, POYAPALLY POLICE STATION. BY PUBLIC PROSECUTOR P.N. SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/07/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. -------------- B.A. 4494/2006 ------------------ DATED THIS THE 27TH DAY OF JULY, 2006 O R D E R The petitioner is second accused, in crime No.109/2006 of Pooyappally Police Station. The allegation is that the petitioner, along with one Nizar, had intercepted an autorikshaw and pulled down the defacto complainant, who was coming after his work, and robbed him of an amount of Rs.4,850/-. They also inflicted injury on his forehead. Therefore, at the instance of the complainant, the crime had been registered by the police, under Section 394 IPC. The first accused was arrested and remains in judicial custody. The second accused is before this Court, under Section 438 Cr.P.C. 2. I heard the arguments advanced by either side. Considering the facts on record, I find that this is not a fit case to pass an order, under Section 438 Cr.P.C. Hence the application is dismissed. J.M.JAMES JUDGE mrcs