IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 Bail Appl..No. 8018 of 2008() ----------------------------- CRMP.13532/2008 of J.M.F.C.,CHAVAKKAD CRIME NO.669/08 OF VATANAPPALLY POLICE STATION PETITIONER ------------------ PARVATHY W/O.MARIMUTHU, THEKKUPANAVADALICHATHRAM, SANKARAN KOVIL, THIRUNELVELI DISTRICT TAMILNADU. BY ADV. SRI.M.J.SANTHOSH RESPONDENT(S): ----------------------- SUB INSPECTOR OF POLICE VATANAPPALLY POLICE STATION REPRESENTED BY STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 8018 of 2008 ----------------------------------------- Dated this the 5th January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 454, 461, 380 and 34 of the Indian Penal Code. According to prosecution, petitioner (first accused), along with 3 others, committed house breaking and theft of 22 sovereigns of gold ornaments. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. False case has been fabricated against her. She was doing work of ironing clothes in the locality. Petitioner is prepared to abide by any conditions and also produce local sureties. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner alone is arrested. Other three accused are yet to be arrested. On arrest of petitioner, the gold ornaments were recovered. It is not correct to say that she is absolutely innocent of the allegations made, it is submitted. It is also pointed out that petitioner belongs to BA.8018/08 2 Tamil Nadu and in case petitioner is granted bail, she will not be available for trial. 5. On hearing both sides, I am satisfied of the submissions made by learned Public Prosecutor and I am not inclined to grant bail at this stage, particularly since other accused are not arrested so far. Petition is dismissed. K.HEMA, JUDGE vgs.