IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 Bail Appl..No. 6286 of 2009 CRIME NO.178 OF 2009 OF POZHIYOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT. PETITIONER/2ND ACCUSED: ------------------------------------------- VAISAKH, AGED 22 YEARS, S/O.RAJENDRAN, THEKKEKKARA PUTHEN VEEDU, KOLLAKONAM, PARASUVAIKKAL DESOM, PARASUVAIKKAL VILLAGE. BY ADV. SRI.BLAZE K.JOSE RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, RNAKULAM, REPRESENTING CIRCLE INSPECTOR OF POLICE, PARASSALA POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6286 OF 2009 ------------------------------------------------------ Dated this the 30th day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No.178 of 2009 of Pozhiyoor Police Station, Thiruvananthapuram District. 2. The offences alleged against the accused persons are under Sections 120B, 395 and 412 of the Indian Penal Code and Section 20 read with Section 27 of the Arms Act. 3. The prosecution case is that on 31.8.2009, while the de facto complainant was returning home after closing his jewellery, along with his friend on a motor bike, he was attacked by the accused persons with deadly weapons and robbed a quantity of 4 Kilograms of gold ornaments from the de facto complainant. The de facto complainant sustained injuries and he was admitted in the hospital. The petitioner was arrested on 14.9.2009 and he was remanded to judicial custody. B.A. NO. 6286 OF 2009 :: 2 :: 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner and also taking into account the fact that the other accused persons are to be arrested, I am not inclined to grant bail to the petitioner at this stage. If the petitioner is granted bail now, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/