IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 Bail Appl..No. 3655 of 2009 CRIME NO.533 OF 2009 OF MATHILAKAM POLICE STATION CMP.4721/2009 AND 4733/2009 of J.M.F.C., KODUNGALLUR PETITIONER/ACCUSED -------------------------------------- AJITHKUMAR @ VISHNU, S/O.MOHANAN, CHIRAYIL HOUSE, THIRUVALLOOR, ALANGAD. BY ADV. SMT.MEREENA JOSEPH RESPONDENT: COMPLAINANT -------------------------- S.I OF POLICE, MATHILAKAM POLICE STATION, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3655 OF 2009 ------------------------------------------------------ Dated this the 10th 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 accused No.1 in Crime No.533 of 2009 of Mathilakam Police Station. 2. The offence alleged against the petitioner is under Section 379 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the petitioner and the other accused committed theft of a motor bike on 2.5.2009. The petitioner was arrested in connection with another case on 10.6.2009 and his formal arrest was recorded in the present case on 25.6.2009. Learned Public Prosecutor submitted that investigation is not over and if the petitioner is released on bail at this stage, it would affect the proper investigation of the case. It is also submitted by the learned Public Prosecutor that the petitioner is involved in two other cases involving similar offence. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature B.A. NO. 3655 OF 2009 :: 2 :: and gravity of the offence and the present stage of investigation, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/