IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Bail Appl..No. 2356 of 2010() --------------------------------------- CRIME NO.221/2009 OF BAKEL POLICE STATION, KASARAGOD DIST. ............. PETITIONER/ACCUSED -------------------------------------- ANJALI, W/O.KRISHNA MOORTHY @ RAJU, AGED 23 YEARS, KALKI NIVAS, PONDICHERRY, TAMIL NADU. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): COMPLAINANT/STATE ----------------------------- 1. THE SUB INSPECTOR OF POLICE, BAKEL POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.K.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K. HEMA, J. --------------------------- B.A. No. 2356 of 2010 ------------------------------------ Dated this the 26th day of May, 2010 O R D E R Petition is for bail. 2. The alleged offences are under Sections 457, 380, 461, 411 and 414 read with Section 34 of the Indian Penal Code. According to prosecution, accused Nos. 1 to 14 in furtherance of their common intention committed theft of articles worth Rs.4.5 crores(gold ornaments and money) from North Malabar Gramin Bank. Certain articles were disposed of and properties were purchased. 3. Learned counsel for petitioner submitted that the only allegation against petitioner, who is a woman is that she had helped her husband to hide the stolen gold ornaments and other articles. Petitioner is having a child aged 10 months. She is in custody from 15.10.2009. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that petitioner has very serious role in the offence and third accused is king-pin of the crime. Petitioner is his wife. She helped the accused in hiding the articles and also B.A. No. 2356 of 2010 2 disposing of the same. The property having an extent of 3000 Sq.ft. was purchased in the name of the petitioner and her husband after disposing of the stolen property and the petitioner is in the habit of shifting her residence from place to place. 5. Petitioner was originally residing in Pondicherry and when her husband was arrested, she moved to another place in Tamil Nadu. She has no permanent address. The trial has already commenced and three witnesses were examined. Petitioner is involved in another crime also of similar nature and in such circumstances, if the petitioner is granted anticipatory bail, it is likely that she may not be available for trial. 6. On hearing both sides, I am satisfied of the submissions made by learned Public Prosecutor. At this stage of trial, I am not inclined to grant bail to the petitioner, since there is every chance for absconding. This petition is dismissed. K. HEMA, JUDGE ln