IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 Bail Appl..No. 4428 of 2009 CRL.M.P.NO.2081 OF 2009 IN C.C.NO.428 OF 2008 OF JFCM, ALATHUR IN CRIME NO.584 OF 2008 OF ALATHUR POLICE STATION PETITIONER: ACCUSED: ------------------------------ SULAIMAN, S/O. NOOR MOHAMMED AGED 42 YEARS, SUBEER MANZIL, KIZHAKKEKALAM, KANNAMBRA,\ VADAKKENCHERRY, PALAKKAD DISTRICT. BY ADV. SRI.H.BADARUDDIN SMT.AYSHA RAHMAN SMT.B.SHAMEERA SMT.M.ARCHANA SMT.M.SHAZIA SULTHANA RESPONDENT: COMPLAINANT: --------------- STATE, REP BY SUB INSPECTOR OF POLICE ALATHUR POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/08/2009, ALONG WITH BA NO.4395 OF 2009 AND 4397 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.4428, 4395 & 4397 OF 2009 ------------------------------------------------------ Dated this the 11th August, 2009 O R D E R All these Bail Applications are filed by Sulaiman, the accused in C.C.Nos.428 of 2008, 425 of 2008 and 78 of 2009, on the file of the Court of the Judicial Magistrate of the First Class, Alathur. These cases relate to respectively Crime Nos.584 of 2008 and 388 of 2008 of Alathur Police Station and Crime No.743 of 2008 of Vadakkancherry Police Station. 2. The offence alleged against the petitioner in all these cases is under Section 379 of the Indian Penal Code. The subject matter of theft in all these cases is motor bike. 3. It is submitted by the learned Public Prosecutor that the petitioner is involved in 22 cases where the offence of theft is alleged. It is also submitted by the learned Public Prosecutor that in all the three cases trial has commenced. 4. The petitioner was arrested on 6.8.2008 in one of the crimes and his formal arrest was recorded on different dates in the B.A. NOS.4428, 4395 AND 4397 OF 2009 :: 2 :: different cases. It is true that the petitioner is in judicial custody for several months. It is submitted by the learned Public Prosecutor that if the petitioner is released on bail, he would make himself scarce and that it is most likely that he would commit offence of a similar nature. 5. The mere fact that a person is in judicial custody for a few months may not always be a ground for granting bail to him. If the release of the accused would have adverse impact on the society, that is a good ground for refusing bail to the accused. As stated above, it is alleged that the petitioner is involved in 22 cases of theft. The victims have lost their properties for no fault of theirs. In such cases, a sympathetic consideration is out of place. I do not think that the petitioner can be granted bail in these circumstances. The Bail Applications are accordingly dismissed. The learned Magistrate shall make every endeavour to dispose of the cases expeditiously. (K.T.SANKARAN) Judge ahz/