IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 Bail Appl..No. 6889 of 2009() --------------------------------------- CMP.6142/2009 of J.M.F.C.-V,KOZHIKODE CRIME NO.320/2007 OF NALLALAM POLICE STATION. .................... PETITIONER/ACCUSED: -------------------------------------- RENJITH @ KAKKA RENJITH, AGED 30 YEARS, S/O. GOPALAKRISHNAN, MANGALODIYIL HOUSE, MEAR GURUVAYOORAPPAN COLLEGE, OLAVANNA,POKKUNNU. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT/ COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.6889 of 2009 ------------------------------------ Dated this the 25th day of November, 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.320/2007 of Nallalam Police Station, Kozhikode. 2. The offences alleged against the petitioner are under Sections 392 and 414 of the Indian Penal Code. 3. The prosecution case is that on 2/11/2007, while the defacto complainant was returning home after closing jewellery shop belonging to his uncle, three of the accused persons attacked him and robbed 2 Kgs of gold and Rs.1, 70,000/-. It is alleged that the petitioner is the kingpin of the offence and that he is involved in five other cases, wherein the offences alleged are of similar nature. The petitioner surrendered before court on 15/10/2009 and he was remanded to judicial custody. All the accused persons are not arrested so far. 4. It is submitted by the learned Public Prosecutor that from the date of incident, the petitioner was not available for arrest. It is submitted that if the petitioner is released on bail, it B.A. No.6889/2009 2 is likely that he may make himself scarce. It is also likely that the petitioner may indulge in similar criminal activities. 5. Taking into account the facts and circumstances of the case, I am inclined to accept the contention put forward by the learned Public Prosecutor. At this stage, I am not inclined to grant bail to the petitioner, as his release would adversely affect the proper investigation of the case. The likelihood of his involvement in similar criminal activities also cannot be ruled out. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm