IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 Bail Appl..No. 1893 of 2010() ----------------------------- CRIME NO.221/2009 OF BAKEL POLICE STATION .................... PETITIONER (S): ACCUSED: ---------------------------- ANJALI, W/O.KRISHNA MOORTHY @ RAJU, AGED 23 YEARS, KALKI NIVAS, PONDICHERRY, TAMIL NADU. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): COMPLAINANT/STATE: --------------------------------- 1. THE SUB INSPECTOR OF POLICE, BAKEL POLICE STATION, KASARAGOD. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.KAMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1893 of 2010 --------------------------------------------- Dated this the 31st day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner had filed Bail Application No.451 of 2010. That application was dismissed by the order dated 23rd February, 2010. For the sake of convenience, the order dated 23rd February, 2010 is extracted below: “Accused No.10 (Anjali) in Crime No.221 of 2009 of Bekal Police Station, Kasaragod, seeks bail under Section 439 of the Code of Criminal Procedure. The petitioner was arrested on 15-10-2009. The investigating officer has filed charge sheet in the case before the Court of the Judicial Magistrate of the First Class II, Hosdurg and the case is pending as C.C. No.818 of 2009. 2. The case is popularly known as Periya Bank robbery case. The prosecution case is that between 11.30 P.M. on 17-6-2009 and 1.45 A.M. on 18-6-2009, accused Nos.1 to 7 and 13 stealthily entered into the first floor of North BA No.1893/2010 2 Malabar Gramin Bank, Periya branch, by removing the window and committed theft of 33.012 kilograms of gold and Rs. 6,74,272/-. 3. It is stated that accused Nos.3,4,6,8,9,10 and 11 were arrested. The learned Public Prosecutor submitted that a quantity of 11.548 Kilograms of gold and Rs.10 lakhs were recovered. 4. The petitioner, Anjali, is the wife of Accused No.3 Krishnamoorthy and sister of Accused No.11 Sekhar. It is submitted that except accused No.8 ( Haneefa), all the other accused persons are related to each other. Haneefa had purchased considerable part of the gold, knowing fully well that the gold was stolen. The records reveal that accused No.3 is involved in several theft cases. Accused No.3 Krishnamoorthy and family had come to Kannur several years ago. His father had acquired an extent of 10 cents of land in Kannur. The accused persons (except Haneefa) belong to Kallakurichi village in Tamil Nadu. They are residing in different places in Tamil Nadu. 5. After committing the offence, the gold and money were divided by the persons involved in the operation. The third accused entrusted a portion of the gold with his wife, BA No.1893/2010 3 the petitioner herein and sold the rest with the help of accused No.8 Haneefa. She kept the gold concealed. After the arrest of the third accused, by the time the police party reached the place near Pondicherry where the petitioner and family were residing on rent, she had shifted the residence. Later, the police found out the place of residence of the petitioner. The police came to know that by that time, the petitioner was arrested by Kallakurichi Police in Crime No.691 of 2009 of Kallakurichi Police Station for the offence under Section 379 of the Indian Penal Code. She was produced before the Judicial Magistrate of the First Class II on production warrant. 6. The learned Public Prosecutor submitted that accused No.3 has purchased a property in Tamil Nadu for more than Rs.16 lakhs. Accused No.3 is involved in several theft cases in Kerala and Tamil Nadu. The petitioner is also involved in other theft cases. 7. The petitioner moved for bail before the Sessions Court, Kasaragod. That application was dismissed by the order dated 12th January 2010. 8. The learned counsel for the petitioner BA No.1893/2010 4 submitted that the petitioner being a woman is entitled to special protection and that she is entitled to be released on bail. The counsel also submitted that since the investigation is over, there is no reason why the petitioner should be detained further. 9. Taking into account the facts and circumstances of the case, I am of the view that the petitioner is not entitled to be released on bail. The offence alleged against the petitioner is grave in nature. The accused persons are alleged to have committed robbery of gold worth more than Rs.4.5 crores. The accused persons are related to each other. They are involved in several theft cases. The petitioner belongs to Tamil Nadu. The police could trace her out with great difficulty. If the petitioner is released on bail, it would be difficult for the investigating officer to arrest the rest of the accused persons. It is also most likely that the petitioner may make herself scarce. The chances of the petitioner involving herself in theft cases also cannot be ruled out. For the aforesaid reasons, the Bail Application is dismissed.” BA No.1893/2010 5 2. The learned Public Prosecutor submitted that the trial of the case was scheduled to be held from 30.3.2010 onwards and CWs 1 and 2 were summoned for the purpose of examination on 30.3.2010. It is submitted that if the petitioner is released on bail at this stage, she will make herself scarce and thereby defeat the smooth progress of the trial of the case. Since the trial of the case is already scheduled to commence from 30.3.2010 onwards, I do not find any justifiable ground to grant bail to the petitioner at this stage. There is no change of circumstances after the order dated 23rd February, 2010 was passed, except that the trial has been scheduled to be held and that circumstance, certainly, is not in favour of the petitioner or in favour of granting bail. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE csl