IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 1ST JANUARY 2010 / 11TH POUSHA 1931 Bail Appl..No. 7420 of 2009() ----------------------------- CRIME NO. 638 OF 2009 OF MEDICAL COLLEGE POLICE STATION PETITIONER(S): ACCUSED: ---------------------------- BHAGAVATHI, AGED 27 YEARS, S/O.VENKIDESH, DOOR NO.185, PALANI ADIVARAM OOORE P.O.PALANI ADIVARAM, PALANI DISTRICT. BY ADV. SRI.P.C.VARGHESE SRI.K.S.ARUN KUMAR RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. ------------------------------------------------------ B.A. 7420 of 2009 ------------------------------------------------------ Dated: JANUARY 1, 2010 ORDER This is a bail application filed by the accused in Crime No.638 of 2009 of Medical College Police Station, Kozhikode, coming within the jurisdiction of Judicial First Class Magistrate, Kunnamangalam. 2. The allegation against the petitioner is that on November 26, 2009 when the de facto complainant Subhashini was attending a speech in Sreedevi Kalyana Mandapam attached to Sree Valayanad Devi Temple, the accused attempted to snatch away a gold chain from her neck and thus the accused has committed an offence punishable under sec.393 of IPC. The petitioner was arrested on November 26, 2009 and is still in remand. The lower court dismissed her bail application. 3. It is alleged in the petition that the petitioner is innocent of the offence alleged against her, that her husband was engaged in ironing cloths in various houses in Kozhikode and that she was wrongly implicated in this case. 4. Notice given to the Public Prosecutor. Heard learned counsel for the petitioner and the learned Public Prosecutor. The Public Prosecutor opposed the bail application. 5. It is admitted by the Public Prosecutor that the investigation in this case is completed and the charge is laid before the trial court. BA 7420/2009 2 Her bail application was dismissed by the trial court mainly on the ground that she belongs to Tamil Nadu and if released on bail she will abscond. Petitioner is a lady. As the charge has already been laid before the trial court, I feel that the petitioner can be released on bail. In the result the petition is allowed. The petitioner shall be released on bail on executing a bond for Rs.25,000/- (twentyfive thousand) with two solvent sureties each for the like sum each to the satisfaction of the lower court. The petitioner shall appear before the trial court on all hearing dates, failing which the trial court can cancel her bail. P.Q. BARKATH ALI, JUDGE mt/-