IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 Bail Appl..No. 3071 of 2008() ----------------------------- CRIME No.136/2008 OF KUNNATHUNAD POLIC STATION CMP.2601/2008 of J.M.F.C.,KOLENCHERRY .................... PETITIONER: ---------------- SABU, AGED 31 YEARS, S/O. APPU, KAVUNGALPARAMBU HOUSE, NAD MUGHAL BHAGOM EDATHALA KARA, ALUVA EAST VILLAGE. BY ADV. SRI.LAL GEORGE SMT.ANN SUSAN GEORGE RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY DIRECTOR GENERAL OF PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL, ERNAKULAM. 2. STATION HOUSE OFFICE, KUNNATHUNADU POLICE STATION, KUNNATHUNADU. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA,J ====================== B.A.No.3071 of 2008 ========================= Dated this the 28th day of May, 2008 ORDER This is an application for bail. 2. According to the prosecution, on 10.3.2008, at about 12.10.p.m., while the de-facto complainant was proceeding to the Union Bank of India for depositing an amount of Rs.5,40,400/-as the collection of the Beverages Corporation he was restrained by seven persons. The accused were coming in an Omni Van and they snatched the cover containing the amount by causing hurt to the de-facto complainant. They have committed an offence under Section 395 IPC. 3. Petitioner is the first accused. He was arrested along with the second accused on 17.4.2008 and is in custody since then. The specific allegation against the petitioner is that he along with the second accused gave information over mobile phone to the other accused, regarding the de-facto complainant leaving the Beverages Corporation with the cash. They also proceeded on the Motor Cycle in front of the vehicle in which the B.A.No.3071/2008 2 de-facto complainant was proceeding. These persons were allegedly standing in front of the Beverages Corporation since the morning on the date of occurrence and they were identified by the de-facto complainant and the other employees of the Beverages Corporation. They were questioned and arrested pursuant to the statement given by them. The 3rd accused was also arrested on the basis of the information given by them. 4. Learned counsel appearing for the petitioner submitted that the petitioner is in custody for a long time. He has no specific role in the robbery. He was not present at the scene. But the petitioner strongly opposed. It is submitted by the learned Public Prosecutor that though the investigation so far conducted does not reveal that the petitioner was present at the spot at the time when the money was snatched away, his active role in the offence has been revealed by sufficient materials. Several witnesses were questioned and it is from the statement given by the petitioner and the second accused that the investigation could proceed further. The investigation is only at the initial stage and if the petitioner is set at large, it will adversely affect the investigation, it is submitted. B.A.No.3071/2008 3 On hearing both sides, I am satisfied that at the stage of investigation it may not be proper to grant bail to the petitioner, since I am satisfied that it will peril the course of investigation. There are sufficient materials to proceed against the petitioner keeping them under detention and hence, this petition is dismissed. K.HEMA,JUDGE dvs