IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 Bail Appl..No. 5719 of 2009() ------------------------------------ CRIME NO.1108/2009 OF KALAMASSERY POLICE STATION. .................... PETITIONER/2ND ACCUSED: --------------------------------- T.M.JINTO @ JAIMON AGED 24 YEARS, S/O.T.G.MOHANAN, THENGANAL HOUSE ON THE NORTH OF OZHUKACITY BRIDGE, KATHIPPARAKARA,VELLATHOOVAL VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. BY ADV. SRI.P.V.ELIAS RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR OF POLICE, KALAMASSERY, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5719 of 2009 ------------------------------------ Dated this the 7th 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 accused No.2 in Crime No.1108/2009 of Kalamasery Police Station. 2. The offences alleged against the petitioner are under Sections 449, 395 and 302 read with Section 34 of the Indian Penal Code. 3. The gist of the prosecution case is the following: One Basheer,aged about 55 years was running a mobile phone store by the name “Mobile Planet” at Koonanthai in Edappally. He used to open the shop by about 8 A.M.. The petitioner was a neighbour of the deceased. He knew about the time of opening the shop, the availability of large number of mobile phones and the availability of cash in the shop. On 23/7/2009, when the deceased opened the shop, the petitioner and the first accused entered into the shop and lowered the shutter and committed murder of Basheer. Later, they took away the mobile phones and cash from the shop. B.A. No. 5719/2009 2 4. The petitioner was arrested on 12/8/2009. The learned Public Prosecutor submits that more than 20 mobile phones were recovered. It is also submitted that the petitioner is involved in three other theft cases. The investigation is progressing, submits the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner, I am of the view that the petitioner cannot be released on bail at this stage. If he is released on bail, it would affect the proper investigation of the case. It is most likely that the petitioner may try to tamper with the evidence and make himself scarce. For the aforesaid reasons, the Bail application is dismissed. K.T. SANKARAN, JUDGE scm