IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 Bail Appl..No. 4051 of 2010() ----------------------------- CRIME NO.550/2008 OF PALAKKAD TOWN NORTH POLICE STATION. .................... (S): PETITIONER ------------------------------ 1. MUTHU @ ANTHONIMUTHU AGED 58 YEARS, S/O.MUTHUNAYAKAM,THANKAMMALPURAM KOVILPETTY, THOOTHUKUDI, TAMIL NADU. 2. MUTHUPANDI, AGED 30 YEARS S/O.MUTHU, THANKAMMALPURAM,KADAMBUR POST KOVILPEPTTY, THOOTHUKUDI, TAMILNADU. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.4051 of 2010 ---------------------------------------------- Dated 21st July, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 380, 461 and 457 read with Section 34 of the Indian Penal Code. According to prosecution, accused nos.1 to 3 committed theft of gold ornaments (379 gms.) worth Rs.10,85,000/- between 14.11.2008 and 16.11.2008. Out of this, 15 gms. and 144.75 gms. of gold were received by 4th accused and 5th accused respectively, knowing them to be stolen. 3. Learned counsel for petitioners submitted that 4th accused is the father of first and fifth accused. Petitioners are accused nos.4 and 5. They are not involved in any other crime. They are in custody for the past 50 days. 4. Learned Public Prosecutor submitted that first accused is involved in other crimes of similar nature. The quantity involved is huge. Petitioners are father and brother of first accused, from whom, the recovery of stolen gold ornaments was effected. Petitioners belong to Tamil Nadu and in case BA NO.4051/10 2 petitioners are granted bail, it is likely that they will abscond, in which event, trial will be protracted. 5. On hearing both sides, I am satisfied of the submissions made by the learned Public Prosecutor. I am not inclined to grant bail to petitioner at this stage. There is every chance of absconding. Petition is dismissed. K.HEMA, JUDGE. tgs