IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 Bail Appl..No. 4838 of 2010() ----------------------------- CC.818/2009 of J.M.F.C.-II,HOSDRUG CRIME NO.818/09 OF BEKAL POLICE STATION, KASARAGOD. .................... (S): PETITIONER ------------------------------ 1. SEKHAR @ ATHIYUR SEKHAR AGED 29 YEARS, KORARANGAN WEST STREET, SIKKAD, ANTHIYOOR, TAMILNADU. 2. SANKAR, AGED 30 YEARS S/O.ARUMUGAN,PILUMEDU, TAMILNADU. BY ADV. SRI.MURUGAN P.V. SRI.ZUBAIR PULIKKOOL RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.C.K.SURESH. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.4838 of 2010 ---------------------------------------------- Dated 19th August, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 411 and 414 read with Section 34 of the Indian Penal Code. According to prosecution, accused nos.1 to 14, in furtherance of 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 petitioners submitted that petitioners are in custody for the past 270 days, with effect from 20.11.2009. The allegations against petitioners constitute offences under Sections 411 and 414 of the Indian Penal Code. They are not involved in theft. Similarly placed co-accused, who is 10th accused, was granted bail by this Court. Hence, petitioners may also be granted bail, it is submitted. According to learned counsel, even if the entire allegations are accepted, petitioners have purchased gold ornaments from the 10th accused but they have not taken part in the theft. It is also submitted that the trial BA NO.4838/10 2 is progressing at a very slow rate and it will be further delayed. Hence, petitioners may be granted bail, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that though the allegations against petitioners would constitute only offences under Sections 411 and 414 IPC, petitioners belong to a notorious criminal gang in Tamil Nadu and they are engaged in commission of similar offences in various places. Six other cases are already registered against them. Petitioners have no permanent residence and they were absconding. It was at a very late stage that petitioners could be arrested, that too, when they were arrested by another police, in connection with another case. 5. The 11th accused is the brother-in-law of third accused. He is also the brother of 10th and 13th accused. If petitioners are released on bail, it is likely that they will abscond and it will not be possible to conclude the trial without any delay, it is submitted. The trial is in progress and postings are given day to day and hence, at this stage, bail may not be granted, it is submitted. It is also pointed out that the 10th accused was granted bail, taking into consideration the peculiar circumstances. BA NO.4838/10 3 The 10th accused is a woman aged 25 years, having 1½ year old daughter and the child was also in the prison. 6. On hearing both sides and on considering the stage of trial and the likelihood of the petitioners absconding, and the fact that they have no permanent address etc., I am satisfied that the apprehension of the prosecution that the petitioners will abscond and the trial will be protracted is well-founded. On going through the order, by which the 10th accused was granted bail, I do not find that petitioners can be extended the same benefit since they are not similarly placed. I am not inclined to grant bail to petitioners at this stage. This petition is dismissed. K.HEMA, JUDGE. tgs