IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 Bail Appl..No. 7092 of 2011 ----------------------------- CRIME NO.247/2011 BEFORE THE KOTTAYAM WEST POLICE STATION NOW PENDING AS Crl.M.P. NO.4162/2011 IN CC No.134/2011 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, KOTTAYAM. .................... PETITIONER/ACCUSED NO.2: -------------------------------- PRAVEEN @ MOGLY,S/O.BABU,PREETHA BHAVAN, NEMAM.P.O,PAPANAMCODE KARA,NEMAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT/COMPLAINANT: -------------------------------- SUB INSPECTOR OF POLICE,KOTTAYAM WEST POLICE STATION,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.V. MANU. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/09/2011 ALONG WITH BA NO.7376 OF 2011THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bail Appl..No. 7092 of 2011 APPENDIX PETITIONER'S EXHIBITS: ANNEXRUE i : TRUE COPY OF THE ORDER DATED 26.07.2011 IN CRL.M.P. NO.4162/2011 BEFORE THE J.F.C.M. COURT-III, KOTTAYAM. /TRUE COPY/ PS TO JUDGE N.K.Balakrishnan, J. ------------------------------------------- B.A.Nos.7376 & 7092 of 2011 ------------------------------------------- Dated this the 19th day of September, 2011 ORDER Petitioners are accused 1 and 2 in Crime No.247/2011 of Kottayam West Police Station, registered under Sections 457, 380 and 414 read with Section 34 of Indian Penal Code. The gist of the allegation is that the accused committed trespass into Aymanam Narasimhaswami Temple and broke open the door of the main sanctum sanctorum and removed the ornaments which were on the Idol (Vigraham), the karma bimbam, sree bimbam, sree chakram, silver pots and utensils (kindi), silver ornaments, etc. First accused was arrested on 27.03.2011 and second accused was arrested on 08.04.2011. Since then they have been in custody. 2. Learned counsel appearing for the petitioners submits that investigation in the case is complete and the charge sheet was filed and the trial is also in progress. Some of the witnesses were already examined. It is submitted that there are thirty one witnesses as per the charge sheet and it will take several months to complete the trial and so, it will be unjustifiable to put the accused in jail till then. 3. Learned Public Prosecutor strongly opposed the application. It is submitted that the articles mentioned above were thieved from BA7376&7092/2011 2 the Temple that too breaking open the door of the main sanctum sanctorum. Learned Public Prosecutor has projected the gravity of the crime and possibility of the accused fleeing and thereby hampering the trial of the case. Since the possibility of the accused persons getting themselves involved in similar crime cannot be ruled out and also taking note of the gravity of the offence, I find that if the accused are granted bail at this stage, it would hamper the smooth and fair trial of the case. 4. Considering the entire aspects of the case, I am not inclined to grant bail to the petitioners. Both the petitions are dismissed. Learned Magistrate is directed to dispose of the case expeditiously. (N.K.Balakrishnan, Judge) tkv