IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 Bail Appl..No. 2069 of 2009(C) ---------------------------------- (CRIME NO.234/2005 ON THE FILE OF FEROKE POLICE STATION, KOZHIKODE.) .................... PETITIONERS/ACCUSED NO.5 --------------------------------- ASAD, S/O. AHAMMED KUTTY, THALEKUNNATH HOUSE, VAZHAKKAD, MALAPPURAM DIST. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/COMPLAINANT & STATE ------------------------------------------- 1. SUB INSPECTOPR OF POLICE, FEROKE POLICE STATION, FEROKE. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.K.SURESH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------- B.A. No.2069 OF 2009 --------------------------------------- Dated this the 21st day of April, 2009 O R D E R The petitioner, who is the fifth accused in crime No.234/2005 of Feroke Police Station, seeks regular bail in this petition. 2. The prosecution case is that on 01.11.2005 at about 2 p.m., when the defacto complainant and 15 others were playing cards in a house at the rear side of the State Bank building at Ramanattukara, the petitioner and other accused trespassed into the said house with the intention to commit robbery by impersonation posing as police officers and robbed Rs.4.5 Lakhs and representing themselves as police officers and thus committed the said offences. The petitioner was re-arrested on 01.04.2009 though the offence was committed on 01.11.2005. 3. I have heard the learned counsel for the petitioner as well as the learned Public Prosecutor. 4. I have carefully considered the contentions advanced by the counsel for the petitioner as well as the B.A.No.2069 of 2009 2 learned Public Prosecutor. Learned Public Prosecutor submitted that there is every chance for the petitioner to abscond. The allegation against the petitioner and the way in which the offence was committed are very serious. The petitioner was arrested on an earlier occasion and he was released on bail but jumped over the bail and absconded. The petitioner is involved in many other cases. In the present case, the investigation is over and final report is filed and the court below took cognizance and Sessions case No.277/2007 is instituted which is pending in the court of Additional Assistant Sessions Judge-III, Kozhikode. Considering the seriousness of the crime and the fact that the accused had once jumped over the bail, bail cannot be granted. In the result, there is no merit in the petition and accordingly the same is dismissed. V.K.MOHANAN JUDGE pac