IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 Bail Appl..No. 4218 of 2010() ----------------------------- CC.111/2010 of J.M.F.C. - I, CHALAKUDY .................... PETITIONER/ACCUSED --------------------------------- NASSAR, S/O HYDROSE, AGED 32 THOPPIL HOUSE, PALARIVATTOM, ERNAKULAM BY ADV. SRI.M.SHYJU MATHEW RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.4218 OF 2010 -------------------------------- Dated this the 16th day of July 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 457, 380 and 461 r/w 34 of IPC. According to prosecution, petitioner (A1) along with second accused committed house trespass and theft of gold chain worth Rs.62,600/- between 08/02/2007 and 09/02/2007. 3. Learned counsel for petitioner submitted that petitioner was arrested on 15/03/2010 and he is in custody for the past four months. Petitioner is on bail in all other cases. 4. Learned Public Prosecutor opposed this bail application and submitted that petitioner is involved in other cases of similar nature. Petitioner was arrested in this case on 15/09/2008 and he was granted bail during the trial stage. Thereafter, he absconded. Trial against co-accused was completed and second accused was convicted in this case. Petitioner was arrested in connection with another crime and the arrest in this case is recorded on 15/03/2010. It is submitted that it is likely that petitioner may abscond. 5. On hearing both sides, I am satisfied of the submissions made by the Learned Public Prosecutor and it is likely that B.A No.4218 OF 2010 2 petitioner may abscond if bail is granted. Hence, I am not inclined to grant bail to petitioner at this stage, taking into account chances of absconding. Trial is likely to be protracted if petitioner is released on bail. Petitioner was granted bail in another case and he absconded and the trial was protracted. 6. However, I make it clear that petitioner is at liberty to move the trial court for expeditious disposal and if there is any further delay, petitioner will be at liberty to file bail application before the trial court itself. Petition is dismissed. K.HEMA JUDGE vdv