IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 Bail Appl..No. 3817 of 2009() ------------------------------------------ CRIME NO.210/2009 OF MANGALAPURAM POLICE STATION, ATTINGAL .................... PETITIONER/3RD ACCUSED: --------------------------------------------- LAILA,D/O. BHAI, ALEX BHAVAN, NEAR RAILWAY STATION,KOCHU VELI, MADHAVAPURAM,KARIKKAKOM KURI, KADAKAMPALLI. BY ADV. SRI.J.JAYAKUMAR RESPONDENT/ COMPLAINANT: ------------------------------------------------ THE S.I. OF POLICE, MANGALAPURAM POLICE STATION,ATTINAL, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------- B.A. No. 3817 of 2009 ------------------------------------ Dated this the 14th day of July, 2009 O R D E R The petitioner is the 3rd accused in Crime No.210/2009 of Mangalapurm Police Station. 2. The prosecution case is that in furtherance of common intention to commit theft of gold ornaments, first accused traveled along with the second accused in a motor cycle and committed theft of gold chain from the neck of a lady near Murukkumpuzha Gayahri Hospital and thereafter entrusted the gold ornaments to the 3rd accused for the purpose of sale and thereby all of them committed offences under Sections 379 and 411 read with Section 34 of the Indian Penal Code. The petitioner was arrested on 5/05/2009 and since then she is in custody. Though the petitioner sought bail from Sessions Court, Thiruvananthapuram, by Annexure 2 order dated 29/06/2009, it was dismissed. This petition is filed under Section 439 of the Code of Criminal Procedure. 3. The learned counsel appearing for the petitioner submitted that as the petitioner has been in custody from B.A. No. 3817/2009 Page numbers 5/05/2009 onwards and final report has already been submitted, petitioner may be granted bail and she is prepared to abide by any condition. 4. The learned Public Prosecutor submitted that the petitioner is the accused in several cases of this nature and taking it into consideration learned Magistrate found the petitioner is not entitled to bail. It is submitted that if the petitioner is released on bail, she will not be available for trial. In such circumstances, she may not be granted bail. 5. Considering the fact that the petitioner is involved in several cases of this nature, it is not in the interest of justice to grant bail to the petitioner in this case. The case itself could be directed to be disposed of without delay. I find no reason to grant bail to the petitioner. Judicial Magistrate of the First Class -II, Attingal is directed to dispose of the case expeditiously. M. SASIDHARAN NAMBIAR JUDGE scm