IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Bail Appl..No. 5801 of 2009 C.C.NO.307 OF 2008 ON THE FILE OF THE JUDICIAL MAGISTRATE OF THE FORST CLASS-III, THIRUVANANTHAPURAM. PETITIONER/ACCUSED -------------------------------------- CHANDRAN, S/O.APPU, ROADARIKATHU VEEDU, NEAR R.C.CHURCH, VALIYAVAZHI, CHILAMPARA, KEEZHAROOR VILLAGE, NEYYATTINKARA. BY ADV. SRI.P.A.MUJEEB RESPONDENT: COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, THAMPANOOR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5801 OF 2009 ------------------------------------------------------ Dated this the 12th day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.C. No.307 of 2008 on the file of the Court of the Judicial Magistrate of the First Class – III, Thiruvananthapuram. 2. The offence alleged against the petitioner is under Section 379 of the Indian Penal Code. 3. The petitioner was granted bail by the learned Magistrate on 15.9.2008. Thereafter, the petitioner did not appear before Court. He absconded. During that period, he committed an offence of a similar nature in Crime No.154 of 2009 within the limits of the same police station. He was arrested and produced in that case. His formal arrest was recorded in this case. 4. The petitioner moved a Bail Application before the learned Sessions Judge which was dismissed by a detailed order dated 25th June 2009. The learned Sessions Judge noticed that the petitioner B.A. NO. 5801 OF 2009 :: 2 :: is a previous convict for the offence under Section 511 of 279 of the Indian Penal Code. If bail is granted to the petitioner, there is every likelihood that he may abscond and make himself scarce. It is also likely that he may commit similar offences, if released on bail. 5. Petitioner moved an application for bail before this Court in B.A.No.3793 of 2009. That Bail Application was dismissed by the order dated 23.7.2009. The petitioner was granted liberty to move the trial court for early disposal of the case. 6. Learned Public Prosecutor submits that the witnesses for the prosecution were examined and the prosecution evidence was closed. Now the case is posted to 12.10.2009 for examination of the accused under Section 313 of the Code of Criminal Procedure. In these circumstances, I do not think it proper to release the petitioner on bail at this stage. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/