IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 Bail Appl..No. 6876 of 2008() ----------------------------- CMP.6843/2008 of J.M.F.C.-III,TRIVANDRUM CRIME NO. 334/2008 OF MUSEUM POLICE STATION TRIVANDRUM PETITIONER (S): APPLICANT/ACCUSED ------------------------------------- MUHAMMAD ANEEZ,S/O.ISMAIL,AGED 30 YEARS BADARIYA MANZIL,NEAR PARINKADI MOSQUE PERINKAD DESOM, MANGALPPADI VILLAGE, KASARAGOD TALUK AND KASARAGOD DISTRICT. BY ADV. SMT.T.D.RAJALAKSHMI RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6876 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of November,2008 O R D E R Petition for bail. 2. The alleged offence is under section 379 IPC. According to prosecution, petitioner snatched away gold chain on 24-8- 2008 from a woman. He was arrested on 23-9-2008 in connection with Crime No.329/2008 of Museum Police Station. It was revealed from his confession that he committed the offence in this case. Gold chain was also recovered, pursuant to his confession. 3. Learned counsel for petitioner submitted that petitioner is in custody from 23-9-2008 onwards. Petitioner is a permanent native of Kasaragod and he is working in Thiruvananthapuram in a hotel for the past two years. He was forced to give confession statement to the police against his will. Learned counsel for petitioner also submitted that petitioner had gone to renew his passport and he is a holder of a passport. The allegations made against him are not correct, it is submitted. 4. Learned Public Prosecutor opposed this petition and submitted that passport was renewed in August, 2008, whereas the crime was detected only in September, 2008. It is also submitted that if petitioner is granted bail, it is likely that he will BA 6876/08 -2- abscond, since two more crimes were registered against him for similar offences. Learned Public Prosecutor also submitted that charge sheet is laid. 5. On hearing both sides, it appears that petitioner is habitually involved in committing theft by snatching away gold chain and this fact was revealed form his own confession and recovery was effected. If petitioner is released on bail, it is likely that he will abscond. Therefore, I am not inclined to grant bail to petitioner at this stage. 6. Petitioner may move trial court for expeditious disposal of the case, in which event, the case shall be disposed of by the trial court without any delay. If the case cannot be disposed of expeditiously, petitioner is at liberty to move for bail before the trial court itself. With the above observation, this petition is dismissed. K.HEMA, JUDGE. mn.