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Judgment
K.T. Sankaran, J.—This is an application for bail u/s 439 of the Code of Criminal Procedure. The petitioners are accused 18 and 19 in Crime No. 186/2009 of Kottakkal Police Station.
The offence alleged against the petitioner is u/s 399 of the Indian Penal Code.
The prosecution case is that on 5.5.2009 at 3AM, the accused persons were found in three vehicles near a restaurant at Kottakkal. The allegation is that they were making preparations for committing decoity. Weapons like swords, iron rod, masks, coir pieces, cloth pieces etc. were recovered from the vehicles.
Learned Counsel for the petitioners submitted that the petitioners are the drivers of two Tata Sumo vehicles and that there is nothing to connect them with the crime.
The learned Public Prosecutor submitted that one Kannan, who is a notorious criminal, was constantly making contacts over mobile phone with the third accused and the details were traced out. The Prosecutor also submitted that if the petitioners are released on bail at this stage, there is every chance of the witnesses being influenced or being intimidated. The investigation is not over.
I have perused the case diary. On going through the case diary and taking into account the facts and circumstances of the case, the nature of the offences alleged and other circumstances, I do not think it proper to release the petitioners on bail at this stage. The bail application is accordingly dismissed.