IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 Bail Appl..No. 7741 of 2009() ----------------------------------------- (CRIME NO.210/08 OF ERATTUPETTA POLICE STATION) PETITIONER/IST ACCUSED: ------------------------------------------ AJMAL, AGED 35 YEARS, S/O.ABOOBACKER, PULITHAZHAM HOUSE, ANAKKALLU, KANJIRAPPALLY. BY ADV. MR.DINESH MATHEW J.MURICKEN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, ERATTUPETTA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 7741 of 2009 ------------------------------------ Dated this the 7th day of January, 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.210/2008 of Erattupetta Police Station. 2. The offences alleged against the petitioner are under Sections 395, 365, 368 and 411 read with Section 34 of the Indian Penal Code. 3. The gist of the prosecution case is the following: On 28.05.2008 at about 2 A.M. , the de facto complainant was waiting for another man in front of an Orphanage in his Scorpio Car. At that time, the accused approached him, abducted him, inflicted injuries on him and forcibly took away the car. Later, the car was sold to accused No.7. Formal arrest of the petitioner was recorded in the present case on 26.10.2009 on production before the court on the basis of a production warrant. The petitioner was remanded to judicial custody. 4. The learned Sessions Judge dismissed the application for bail filed by the petitioner, as per the order dated 07.12.2009. B.A. No. 7741 of 2009 2 5. The Bail Application was seriously opposed by the learned Public Prosecutor. It is submitted that the petitioner is involved in 18 crimes registered in Kanjirappally Police Station, three crimes in Manimala Police Station, one crime in Ponkunnam Police Station, two crimes in Thripunithura Police Station, two cirmes in Thodupuzha Police Station, one crime each in Peruvanthanam Police Station, Pothencodu Police Station and Erumely Police Station. It is submitted that the petitioner is involved in theft and dacoity cases. 6. The petitioner is involved in several cases of similar nature. It would appear that his area of operation is not confined to one Police Station limits. If the petitioner is released on bail, there is every likelihood of the petitioner indulging in similar criminal activities making the life of the people miserable. In such circumstances, the personal liberty and constitutional rights of the petitioner should give way to the public interest and the security of the people. Bail cannot be granted in such cases mechanically and unmindful of the consequences of releasing such a man from judicial custody. B.A. No. 7741 of 2009 3 7. In the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln