IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 Bail Appl..No. 4193 of 2008() (Crime No. 1179/2007 of kothamangalam Police Station) ----------------------------- PETITIONERS/ACCUSED 2 &5: 1. RAJAN MARKOSE @ RAJAN AGED 56 YEARS, EDATHARA HOUSE, MUNDANKAVALA BHAGOM, KOTHALA KARA KOOROPPADA VILLAGE. 2. PURUSHOTHAMAN @ VIJAYAN, S/O. KUMARAN, AGED 39 YEARS, PANDIMACKAL HOUSE, NEAR S.N.D.P. JUNCTION, 15TH MILE, VAZHOOR VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.K.GOPALAKRISHNA KURUP SRI. S.MANU RESPONDENTS: ------------- 1. STATE OF KERALA. REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, KOTHAMANGALAM. BY SRI. K. S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4193 OF 2008 ------------------------------ Dated this the 1st day of July, 2008 O R D E R This is an application for bail. 2. The alleged offences are under Sections 379 and 411 read with Section 34 of IPC. According to the prosecution, 2nd and 5th accused were arrested under suspicious circumstances by the Kottayam East Police and on questioning them, it was revealed that the 1st accused committed theft of a car and it was entrusted to the 2nd accused. Thereafter A2 to A5 jointly entrusted this car to the 6th accused. On a confession statement made by the 2nd accused the car was recovered from the shed attached to the house of the 6th accused. The crime was thereafter altered to Sections 379, 411 and 34 IPC and it was transferred to Kothamangalam Police Station. 3. This petition is opposed. Learned Public Prosecutor submitted that the petitioners are 2nd and 5th accused and several cases of similar nature are pending against them. It is also to be ascertained whether petitioners are involved in other theft cases as well. In the meantime if the petitioners are released on bail, it will adversely affect investigation. B.A.4193/2008 2 4. Learned counsel for the petitioners submitted that the petitioners were taken into custody on 19.05.2008 and they are in custody for a long period. On hearing both sides I am satisfied that it may not be proper to grant bail to the petitioners at this stage. The application is dismissed. K.HEMA, JUDGE pac