IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 Bail Appl..No. 4362 of 2009() ----------------------------- C.R.NO.344/2009 OF PARASSALA POLICE STATION PETITIONER/IST ACCUSED ------------------------------------------ RAJESH, AGED 21 YEARS, S/O.MURALI, CHARIVUTHATTUPUTHEN VEEDU, KALLUVILA, KADAVATTARAM DESOM, NEYYATTINKARA VILLAGE. BY ADV. SRI.R.GOPAN RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PARASSALA. PUBLIC PROSECUTOR M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4362 of 2009 --------------------------------------------- Dated this the 12th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in C.R.No.344 of 2009 of Parassala Police Station. 2. The offences alleged against the petitioner are under Sections 457 and 380 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that between 10.10 P.M. on 24.6.2009 and 8 A.M. on 25.6.2009, the door of the Amaravila Excise Range was broke open by some persons and they committed theft of 296 litres of spirit which was kept in the office as thondi in Crime Nos.40 of 2009 and 92 of 2008. 4. The petitioner was arrested in connection with Crime No.423 of 2009 of Neyyattinkara Police Station on 25.6.2009. The offence alleged against the petitioner in Crime No.423 of 2009 is under Section 379 read with Section 34 of the Indian Penal Code. It would appear that the petitioner gave a statement BA No.4362/2009 2 on his arrest in which the theft in the present case was also indicated. Formal arrest of the petitioner was recorded in the present case on 3.7.2009. The petitioner is in judicial custody. 5. Learned public prosecutor opposed the Bail Application. It is submitted that five accused persons are involved in the case and except the petitioner, no other accused could be arrested so far. The investigation is at the initial stage. If the petitioner is released on bail at this stage, it would affect the proper investigation of the case. It is also most likely that the petitioner would make himself scarce and influence or intimidate the witnesses. 6. Taking into account the facts and circumstances of the case and the submission made by the learned public prosecutor, I am of the view that it is not proper to release the petitioner on bail at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl