IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 Bail Appl..No. 6954 of 2009() ----------------------------------------- CRIME NO.1260/2009 OF THOPPUMPADY POLICE STATION. PETITIONERS/ACCUSED: -------------------------------------- 1. CHUDALA,W/O.KALIYAPPAN,HOUSE NO.25, SAROJ COLONY THERUVU,MARTHANDAM KARA,MARTHANDAM VILLAGE,KANYAKUMARI DISTRICT,TAMILNADU. 2. GANDHI,D/O.KRISHNAN,HOUSE NO.25, DO. DO. BY ADV. SRI.G.SUDHEER RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6954 of 2009 ------------------------------------ Dated this the 26th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1and 2 in Crime No.1260/2009 of Thoppumpady Police Station. 2. The offence alleged against the petitioners is under Section 379 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following: On 22/10/2009, the defacto complainant was travelling in a bus. She had kept in her bag a sum of Rs.13,840/- in a cover of High Tech Opticals. Two Tamil ladies were also travelling in the bus. They created an artificial rush inside the bus. When the defacto complainant alighted from the bus, she found that her money was stolen. Immediately, she reported the matter to the police. On the same day, the petitioners were arrested and they were identified by the defacto complainant as the persons who were travelling in the bus at the time of the commission of the offence. The petitioners are in judicial custody since 22/10/2009. B.A. No. 6954 / 2009 2 4. The learned Public Prosecutor submitted that after completing the investigation, charge was laid on 31/10/2009. Cognizance was taken by the learned Magistrate and the case was numbered as C.C.No.511/2009 on the file of the court of Judicial Magistrate of the First Class-II, Kochi. It is also submitted that the case is now posted to 2/12/2009. 5. The learned Sessions Judge dismissed the application for bail submitted by the petitioners, as per the order dated 13/11/2009. The learned Sessions Judge held that there is likelihood of the petitioners absconding and repeating similar offences, if bail is granted to them. In spite of the fact that charge sheet was filed in the case, the Sessions Judge was not inclined to grant bail, for the aforesaid reasons. It cannot be said that the reasons stated by the learned Sessions Judge for denying bail are unsustainable. 6. If the petitioners are released on bail, there is every likelihood of the petitioners making themselves scarce. Sine the petitioners belong to another State, sometimes it may not be possible to secure their presence before the court. The trial B.A. No. 6954 / 2009 3 court has posted the case to 2/12/2009. The trial of the case can be expedited so that the petitioners would not be put to any prejudice. 7. For the aforesaid reasons, I am not inclined to grant bail to the petitioners. The Judicial Magistrate of the First Class-II, Kochi shall make every endeavor to post the case for trial at the earliest. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm