IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 Bail Appl..No. 3961 of 2009() ------------------------------------ CMP.5353/2009 of J.M.F.C.-II, NEYYATTINKARA CRIME NO. 155/2009 OF VIZHINJAM POLICE STATION ................................. : PETITIONER/3RD ACCUSED: ------------------------------------------ LYLA, AGED 44 YEARS, D/O.BHAI, ALEX BHAVAN, OPP.MADHAVAPURAM - KOCHUVELI RAILWAY STATION, KARIKKAKAM MURI, FROM KINATTUVILAKATHU VEEDU, NALUMUKKU, PERUMKUZHY, AZHOOR PANCHAYATH, CHIRAYINKEEZH TALUK. BY ADV. SRI.J.JAYAKUMAR RESPONDENT/COMPLAINANT: ------------------------------------------- THE S.I OF POLICE, VIZHINJAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI.TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ---------------------- B.A. No. 3961 of 2009 -------------------------- Dated this the 22nd day of July, 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 third accused in Crime No. 155/2009 of Vizhinjam Police Station. 2. The offences alleged against the petitioner are under Sections 379 and 411 of the Indian Penal Code. 3. The prosecution case is that, the first accused snatched away the gold chain belonging to the defacto complainant. Accused Nos. 1 and 2 were riding on a Motor Bike. The further case is that the gold chain was handed over to the third accused who sold it and appropriated a portion of the proceeds. Formal arrest of the petitioner was recorded on 01.07.2009. The petitioner is involved in 9 other cases. 4. Taking into account the facts and circumstances of the case, I do not think that the petitioner can be released on bail at this stage. The Bail application is accordingly dismissed. K.T. SANKARAN, JUDGE ln