IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 Bail Appl..No. 1927 of 2010 C.C.NO.330 OF 2010 ON THE FILE OF THE COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS II, THRISSUR. CRIME NO.161 OF 1991 OF THRISSUR WEST TOWN POLICE STATION PETITIONER/IST ACCUSED ------------------------------------------ VALERIAN GRESHIYAS, S/O.BASIL, AGED 45 YEARS, HOUSE NO.XV/2141, VADAKKEVEETTIL, JANATHA ROAD, NAZARETH, KOCHI - 682 002. BY ADV. SRI.KRISHNADAS P. NAIR RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1927 OF 2010 ------------------------------------------------------ Dated this the 5th day of April, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.161 of 1991 of Thrissur Town West Police Station. 2. The offence alleged against the accused is under Section 379 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the accused persons committed theft of an ambassador car. 4. It is stated that at the crime stage, the petitioner was arrested and he was released on bail. Later, charge sheet was filed and the case was taken on file as C.C.No.1817 of 2007, on the file of the Court of the Judicial Magistrate of the First Class II, Thrissur. Thereafter, the petitioner absconded. The case against the petitioner was treated as long pending and it was numbered as L.P.No.211 of 2009. The petitioner was arrested on 8.3.2010 and he B.A. NO. 1927 OF 2010 :: 2 :: was produced before Court. The petitioner was remanded to judicial custody. The case is now refiled as C.C.No.330 of 2010, on the file of the Court of the Judicial Magistrate of the First Class II, Thrissur. The petitioner moved for bail on three occasions. The learned Magistrate dismissed all the bail applications filed by the petitioner. 5. The learned Public Prosecutor submitted that the petitioner is involved in several cases where the allegation is that he committed theft of vehicles. The petitioner was absconding for the last several years. The trial of the case could not be completed because of the absence of the petitioner before Court. It is submitted that during the period when he was absconding, he had committed other similar offences. 6. Taking into account the facts and circumstances of the case, it is not proper and just to release the petitioner on bail. If the petitioner is released on bail, it is likely that he would make himself scarce. As stated earlier, the case could not be disposed of only because of the non-appearance of the petitioner before Court. Same situation may arise if the petitioner is released on bail. Therefore, I am not inclined to grant bail to the petitioner. However, B.A. NO. 1927 OF 2010 :: 3 :: though the case is now renumbered as C.C.No.330 of 2010, since the crime was registered in 1991, I am of the view that it is only proper to direct the learned Magistrate to dispose of the case at the earliest. I do so. The Bail Application is dismissed with the above direction. (K.T.SANKARAN) Judge ahz/