IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4362 of 2009()
1. RAJESH, AGED 21 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.R.GOPAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :12/08/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.4362 of 2009
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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