IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 Bail Appl..No. 6920 of 2008() ----------------------------- CC.847/2008 of J.M.F.C., KODUNGALLUR PETITIONERS:- ------------------------------- 1. SUBBAYA PANDI @ PULIYA S/O.ARUNAGIRI, PANAVADALI SOUTH SANKARAN KOVIL,THIRUNELVELI, TAMILNADU. 2. CHELLAPPAN, S/O.KRISHNATHEVAR,PANAVADALI SOUTH SANKARAN KOVIL,THIRUNELVELI, TAMILNADU. BY ADV. SRI.M.H.HANIL KUMAR RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE VALAPAD POLICE STATION, THRISSUR -DIST REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,COCHIN 682 031. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6920 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of November,2008 O R D E R Petition for bail. 2. Petitioners are accused 1 and 2. Accused 1 to 3 allegedly committed theft of gold ornaments worth Rs.23,500/-. 3. Learned Public Prosecutor submitted that the crime was registered on 6-7-1999 about nine years back. Petitioners were not available for trial and warrants have been issued against them. The case was removed to the register of long pending cases. Thereafter, petitioners were arrested on 22-9-2008. The case has been numbered as C.C. no.847/2008 and it is scheduled for evidence now. Hence, it may not be proper to grant bail at this stage. Petitioners are involved in other cases also, it is submitted. Learned Public Prosecutor pointed out that petitioners are from Tamil Nadu and they will not be available, if they are granted bail. 4. Learned counsel for petitioners submitted that 3rd accused in the crime is already on bail. Petitioners are on bail in other cases. He also submitted that petitioners are prepared to deposit the value of the gold which is stolen and petitioners shall furnish local sureties also. BA 6920/08 -2- 5. On hearing both sides, I am satisfied that if petitioners are released on bail, they may not be available for trial. Hence, I find that it is not fit to grant bail. This petition is dismissed. K.HEMA, JUDGE. mn.