SIVAKUMAR SREEKANDAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) 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 ornaments. I am not inclined to grant bail to the petitioner. This bail application is accordingly dismissed.