High Court Kerala High Court

Sivakumar vs State Of Kerala on 28 November, 2006

Kerala High Court
Sivakumar vs State Of Kerala on 28 November, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 6922 of 2006()


1. SIVAKUMAR, S/O.SREEKANDAN NAIR,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, (REP.BY CIRCLE
                       ...       Respondent

                For Petitioner  :SRI.C.AJITH KUMAR (KALLESSERIL)

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :28/11/2006

 O R D E R
                                  V. RAMKUMAR, J.

                             * * * * * * * * * * * * * * * * * *

                               B.A. NO. 6922 OF 2006

                             * * * * * * * * * * * * * * * * * *

                 Dated, this the  28th  day of   November  2006


                                         ORDER

In this petition filed under Sec. 439 Cr.P.C. the petitioner who is the

4th accused in Crime No. 286/06 of Pampadi Police Station for offences

punishable under Sec. 395 read with Sec. 120 B of I.P.C., seeks his

enlargement on bail. He was arrested on 28-9-2006.

2. The learned Director General of Prosecution opposed the

application.

3. The facts of the case reveal that on 26-9-2006 in broad day

light at 2.30 p.m. on the K.K. Road at Pampadi the 7 accused persons

who were travelling in a Tata Indica Car overtook the car in which the de

facto complainant and others were travelling and after blocking the latter

car dragged out the de facto complainant and his family members and

attacked them with deadly weapons and robbed them off gold ornaments

weighing 19 = kilograms intended tor sale. It was a preplanned operation.

The 7th accused who was driving the offending car is still absconding and

is yet to be arrested. Investigation of the case is at the preliminary stage.

If at this stage, the petitioner is released on bail, there is every chance of

his intimidating the prosecution witnesses and meddling with the smooth

investigation of the case which includes recovery of the balance gold

B.A. NO. 6922 OF 2006 -:2:-

ornaments. I am not inclined to grant bail to the petitioner.

This bail application is accordingly dismissed.

V. RAMKUMAR,

(JUDGE)

ani.