IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 Bail Appl..No. 3372 of 2009() ----------------------------- CMP.3932/2009 IN CRIME NO.303/2009 OF VIZHINJAM POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- RANJANKUMAR, S/O.BUCHIMANDO, GATHALAKSHMINIYAM, MOHALIYA POST OFFICE, LAKSHMINIYAM VILLAGE, SIPPON DISTRICT, BIHAR STATE. BY ADV. SRI.G.SUDHEER RESPONDENT(S): COMPLAINANT -------------------------- 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 25/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------- B.A.No.3372 of 2009 ------------------------------ Dated this the 25th day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused No.2 in Crime No. 303 of 2009 of Vizhinjam Police Station. 2. The offence alleged against the petitioner is under Section 379 of the Indian Penal Code. 3. The prosecution case is that the accused persons went to the house of the defacto complainant and got her gold chain weighing 2½ sovereigns and under the pretext of cleaning the same, dipped the same in a liquid and boiled it, thereby reducing the weight of the gold chain. It is alleged that thus the accused persons have committed the offence. 4. The petitioner was arrested on 10.5.2009. The learned public prosecutor submitted that the petitioner was identified by the defacto complainant as the person who came to her house along with the first accused. The petitioner belongs to Bihar. The learned public prosecutor submitted that if the petitioner is released on bail, he will make himself scarce and flee from justice and it would not be possible BA No.3372/2009 2 to try him for the offence. 5. The submission made by the learned public prosecutor is justified. If the petitioner is released on bail at this stage, there is every likelihood of the petitioner making himself scarce. 6. Taking into account the facts and circumstances of the case and the nature of the offence and for the reasons mentioned above, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl