IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 Bail Appl..No. 4303 of 2010() ----------------------------- CRMP.1594/2010 of D.C. & SESSIONS COURT,KOLLAM .................... (CRIME NO.680/2010 OF CHATHANNOOR POLICE STATION, KOLLAM DISTRICT) PETITIONER ------------------------------ 1. SELVI,D/O.MUTHALAMMA, SELAM RAILWAY PURAMPOKE,THENKASI DISTRICT,TAMILNADU STATE 2. GOUTHAMI, D/O.LAKSHMI, SAKTHI NAGAR, NEAR POST OFFICE, THENKASI, THENKASI DISTRICT, TAMILNADU STATE. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLCIE CHATHANNOOR POLICE STATION, CHATHANNOOR,KOLLAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No.4303 of 2010 ------------------------------------ Dated this the 19th day of July, 2010 O R D E R This petition is for bail. 2. The alleged offences are under Sections 511 of 379 r/w Section 34 of Indian Penal Code. According to prosecution, on 07/06/2010, at about 11:50 a.m, petitioners(A1 and A3) along with second accused attempted to snatch away a gold chain from de facto complainant. Accused were arrested from the spot by local people and they were handed over to police on the same day. 3. Petitioners are accused numbers 1 and 3 and they are in custody for the past 42 days. Learned counsel for petitioner submitted that petitioners are prepared to furnish local sureties. They have no intention to abscond etc. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that petitioners are gypsies from Tamil Nadu and they have no permanent address. It is likely that they will not be available for trial, if they are released on bail. Charge is already laid. 5. On hearing both sides, considering the facts submitted by learned Public Prosecutor, I am of view that if petitioners are B.A. No.4303 of 2010 2 granted bail, it is likely that they may abscond and they will not be available for trial, in which case trial will be protracted. Petitioners are at liberty to move the trial court for expeditious trial and in case, if there is any delay in disposal, they may file application for bail before the trial court itself. Petition is dismissed. K. HEMA, JUDGE vdv