IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 Bail Appl..No. 3844 of 2009() ----------------------------- CRIME NO.120/09 OF NEMOM POLICE STATION .................... PETITIONER/ACCUSED NO.2 ------------------------------------------- ERNAKULAM BIJU @ BIJU,S/O.RABI@ ROBIN, BIJUBHAVAN AYANIYARATHALAYKAL V.P,V1/891, CHAKKIPPARA NEDUMANNOOR,PERUMKULAM VILLAGE, PUNALAN WARD. BY ADV. SRI.M.R.SARIN SRI.M.R.SASITH RESPONDENT(S): --------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.3844 of 2009 --------------------------------------------- Dated this the 28th day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No.120 of 2009 of Nemom Police Station. 2. The offence alleged against the petitioner is under Section 379 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 17.11.2008, the accused persons snatched a gold chain worn by the defacto complainant. The accused persons came on a motor bike and snatched the gold chain while the defacto complainant was walking along the road. The formal arrest of the petitioner was recorded on 21.4.2009. The charge was laid in the case on 29.4.2009 and the case is numbered as C.C.No.438 of 2009 on the file of the court of the Judicial Magistrate of First Class - Neyyattinkara. 4. Learned public prosecutor opposed the Bail Application. It is submitted that the petitioner is involved in 31 other crimes, in majority of which offences under Sections 379 BA No.3844/2009 2 and 380 IPC are involved. The petitioner is also involved in a case where the offence alleged is under Section 302 IPC and in another case where the offence alleged is under Section 376 IPC. 5. The submission made by the learned public prosecutor would indicate that if the petitioner is released on bail, it is most likely that he may indulge in similar criminal activities. If such a person is released on bail, he would indulge in causing misery to the people either by committing theft or any other similar offences depriving the people of their property and endangering their security. I am of the view that the court should not be liberal in the matter of grant of bail while dealing with the Bail Application of a person like the petitioner who is involved in more than 30 cases. By protecting the personal liberty of an individual, the life of the people cannot be made miserable and their human rights and fundamental rights should not be at stake. The Bail Application is liable to be dismissed. I do so. K.T.SANKARAN, JUDGE csl