Suresh vs State Of Kerala on 8 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7176 of 2009()


1. SURESH, S/O.CHARLIS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.R.T.PRADEEP

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :08/12/2009

 O R D E R
                       K.T.SANKARAN, J.
                 ---------------------------------------------
                        B.A.No.7176 of 2009
                 ---------------------------------------------
            Dated this the 8th day of December, 2009


                              ORDER

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The petitioner is accused No.1 in

Crime No.178 of 2009 of Pozhiyoor Police Station,

Thiruvananthapuram District.

2. The offences alleged against the petitioner are under

Sections 120B, 395 and 412 of the Indian Penal Code and

Sections 20 & 27 of the Arms Act.

3. The prosecution case is that on 31.8.2009, while the

de facto complainant and his brother were riding on a motor bike

after closing the jewellery owned by the de facto complainant,

they were attacked by accused Nos.1 to 5 with dangerous

weapons. They were severely injured by the accused persons

and the gold ornaments weighing 4.5 kgms. were taken away by

the accused.

4. The petitioner was arrested on 17.9.2009 and he was

remanded to judicial custody.

5. The Bail Application is vehemently opposed by the

BA No.7176/2009 2

learned Public Prosecutor. It is submitted that the petitioner is

the king-pin of the crime. All the accused persons have not been

arrested. Recovery of the gold is not made in full. If the

petitioner is released on bail, it would adversely affect the

proper investigation of the case.

6. Taking into account the facts and circumstances of the

case, the nature and gravity of the offence and the allegations

levelled against the petitioner, I am of the view that the

petitioner is not entitled to be released on bail at this stage. If

he is released on bail, it would adversely affect the smooth and

proper investigation of the case. The objections raised by the

learned Public Prosecutor are just and reasonable.

For the aforesaid reasons, the Bail Application is dismissed.

K.T.SANKARAN,
JUDGE
csl