IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 9470 of 2011() ----------------------------- Crime No.589 of 2011 of Nedumbassery Police Station. PETITIONER/ACCUSED: -------------------- MUSHTHAQ, AGED 24 YEARS S/O.MOHAMMED, KOTHEDATH CHIRAKKARA HOUSE VALLYAPARAMBATH, KOTTAPURAM, MALAPPURAM DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.DILIP RESPONDENT(S): --------------- STATION HOUSE OFFICER,NEDUMBASSERY POLICE STATION, CR.NO.589/2011 REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, 682 081. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.9470 OF 2011 --------------------------------- Dated this the 23rd day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.589 of 2011 of Nedumbassery Police Station. 2.The offences alleged against the petitioner are under Sections 457, 461 and 380 read with 34 of the Indian Penal Code. 3.The prosecution case is that on 10.7.2011 at 2 A.M, the accused persons broke open the house of the defacto complainant and committed theft of 3 sovereigns of gold, one I-phone worth `30,000/- and 4 wrist watches and other articles. The petitioner was arrested on 24.8.2011. It is submitted by the learned Public Prosecutor that after completing the investigation, charge sheet was filed against B.A.No.9470 OF 2011 2 the first accused. 4. The learned Public Prosecutor submitted that the petitioner is a habitual offender and he is involved in four other cases of similar nature registered in the year 2007 and 2011 at Kunnamkulam Police Station, Thrissur District as well as Thenjipalam Police Station, Malappuram District. 5. Since the petitioner is a habitual offender, if he is released on bail, it is most likely that he would involve in similar offences which would result in injury and loss to the general public. It is also likely that the petitioner may make himself scarce and flee from justice, if bail is granted to him. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms