IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 Bail Appl..No. 7176 of 2009() ----------------------------- CRIME NO.178/2009 OF POZHIYOOR POLICE STATION, THIRUVANANTHAPURAM .................... PETITIONER/IST ACCUSED ------------------------------------------ SURESH, S/O.CHARLIS, CHALIYATHERUVILA PUTHEN VEEDU, CHIRAKKONAM, PARASSALA DESOM, DO. VILLAGE. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7176 of 2009 --------------------------------------------- Dated this the 8th day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.178 of 2009 of Pozhiyoor Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 120B, 395 and 412 of the Indian Penal Code and Sections 20 & 27 of the Arms Act. 3. The prosecution case is that on 31.8.2009, while the de facto complainant and his brother were riding on a motor bike after closing the jewellery owned by the de facto complainant, they were attacked by accused Nos.1 to 5 with dangerous weapons. They were severely injured by the accused persons and the gold ornaments weighing 4.5 kgms. were taken away by the accused. 4. The petitioner was arrested on 17.9.2009 and he was remanded to judicial custody. 5. The Bail Application is vehemently opposed by the BA No.7176/2009 2 learned Public Prosecutor. It is submitted that the petitioner is the king-pin of the crime. All the accused persons have not been arrested. Recovery of the gold is not made in full. If the petitioner is released on bail, it would adversely affect the proper investigation of the case. 6. 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 is not entitled to be released on bail at this stage. If he is released on bail, it would adversely affect the smooth and proper investigation of the case. The objections raised by the learned Public Prosecutor are just and reasonable. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE csl