IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 Bail Appl..No. 5360 of 2009() --------------------------------------- CMP.3165/2009 of C.J.M.,KASARAGOD CRIME NO.307/2008 OF KUMBLA POLICE STATION, KASARAGOD .................... PETITIONER/ACCUSED: -------------------------------------- MOHAMMED RAFEEQUE, S/O.MOIDU KUTTY, KANNUR KUNNUMAL HOUSE, KANNUR POST, EDNAD VILLAGE, KASARGOD TALUK AND DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT/ STATE: ------------------------------- THE STATION HOUSE OFFICER, KUMBALA POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.5360 of 2009 ------------------------------------ Dated this the 23rd day of September, 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. 307/2008 of Kumbla Police Station. 2. The offences alleged against the petitioner are under Sections 380 and 457 of the Indian Penal Code. 3. The date of occurrence was on 7/11/2008. The formal arrest of the petitioner was recorded on 27/8/2009. The petitioner was arrested in Bombay in connection with Crime No.237/2009 of Kumbla Police Station. 4. It is submitted that the petitioner is involved in seven cases. In five of those cases, the offence alleged is under Section 379 of the Indian Penal Code; in one case the offence alleged is under Section 392 and in yet another case, the offence alleged is under Section 387 of the Indian Penal Code. The petitioner is a habitual offender, submitted the learned Public Prosecutor. 5. If the petitioner is released on bail at this stage, it is B.A. No.5360/ 2009 2 most likely that he may indulge in similar criminal activities. It is also likely that he may try to influence or intimidate the witnesses. The petitioner is involved in a very serious offence of demanding Rs.50 lakhs from the defacto complainant in Crime No.237/2009 of Kumbla Police Station for the purpose of the release of her husband, who was found missing since July 2007. For the aforesaid reasons, I am of the view that the petitioner is not entitled to be released on bail. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm