IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 Bail Appl..No. 7234 of 2009() ----------------------------- CRIME NO.1007/2009 OF KARUNAGAPPALLY POLICE STATION .................... PETITIONERS/ACCUSED 2 & 3. ---------------------------------------------- 1. RIYAS @ BUSH, S/O.KABEER, PAZHOLIL THEKKATHIL HOUSE, THEEKE MURI, VALLIKUNNAM VILLAGE, MAVELIKKARA. 2. SHEEJER, AGED 28 YEARS, S/O.HAMEEDKUTTY, SHEJEER MANZIL HOUSE, THAIRADU MURI, VALLIKUNNAM VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.RAJAN VELLOTH RESPONDENT(S): RESPONDENT /STATE. --------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7234 of 2009 --------------------------------------------- Dated this the 9th day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.2 and 3 in Crime No.1007 of 2009 of Karunagappally Police Station. 2. The offence alleged against the petitioners is under Section 395 of the Indian Penal Code. 3. The gist of the prosecution case is the following: On 3.10.2009, at midnight, the accused persons stealthily entered into the house in which the de facto complainant was residing, by breaking open the door of the kitchen. Her mother-in-law was forcibly taken by the accused persons and she was put to fear of death. The de facto complainant was caught hold of by the accused and her gold chain was forcibly removed. When the children cried aloud, the accused did not spare them also. All the gold ornaments available in the house were robbed by them, including the ornaments worn by the children and the sister of the de facto complainant. The petitioners were arrested on BA No. 7234/2009 2 23.10.2009 and they were remanded to judicial custody. 4. The learned Public Prosecutor submitted that the first accused is involved in several other cases of similar nature. It is also submitted by the learned Public Prosecutor that all the accused persons are not arrested. The recovery of gold is not effected. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence, the manner in which the offence is alleged to have been committed and the manner in which the ladies in the household were put to fear of death, I am not inclined to grant bail to the petitioners at this stage, particularly, when the investigation is not over. For the aforesaid reasons, I am not inclined to grant bail to the petitioners at this stage. The Bail application is accordingly dismissed. K.T.SANKARAN, JUDGE csl