IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 Bail Appl..No. 3612 of 2010() ----------------------------- CC.234/2010 of J.M.F.C.-II,ATTINGAL .................... APPLICANT/2ND ACCUSED ----------------------------------------- MANIKANTAN, S/O.ANANDAN UNNITHAN, CANAL PURAMPOKKU, PUTHUVAL PUTHEN VEEDU, CHALUVILA, KANNAMBA, VARKALA VILLAGE. BY ADV. SRI.R.V.SREEJITH RESPONDENT: COUNTER PETITIONER --------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------- B.A. No. 3612 of 2010 ------------------------------------ Dated this the 17th day of June, 2010 O R D E R This petition is for bail. 2. The alleged offences are under Sections 457, 461, 380 and 411 read with Section 34 of the Indian Penal Code. According to prosecution, petitioner(A2) along with first accused in furtherance of their common intention to broke open a house and committed theft of 10 sovereigns of gold and Rs.700/-. 3. Petitioner was arrested on 01.03.2010, under suspicious circumstances and from his confession, it is revealed that petitioner is also involved in this case. Learned counsel for petitioner submitted that petitioner is in custody for the past 133 days. Petitioner is innocent of the allegations made and he is falsely implicated in this case. First accused was arrested in connection with some other case and he has told the police that petitioner is involved. 4. Learned Public Prosecutor submitted that petitioner is involved in two other theft cases and charge sheet is already laid. If petitioner is granted bail, it is likely that he will abscond, it is submitted. B.A. No. 3612 of 2010 2 5. On hearing both sides, considering the serious nature of the allegations made and the fact that he is involved in other cases as well, I am satisfied of the submissions made by the learned Public Prosecutor and I am not inclined to grant bail to petitioner. If there is any delay in disposal of the cases, petitioner is at liberty to apply for bail before the trial court itself. This petition is dismissed. K. HEMA, JUDGE ln