IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 Bail Appl..No. 7765 of 2008() ----------------------------- CRIME NO. 234/1998 OF MATHILAKAM POLICE STATION PETITIONER (S): -------------------- SUBBAYA PANDI @ PULIYA, S/O. ARUNAGIRI, PANAVADALI SOUTH, SANKARAN KOVIL, THIRUNELVELI, TAMILNADU. BY ADV. SRI.M.H.HANIL KUMAR RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, MATHAILAKAM POLICE STATION, THRISSUR DIST, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN 682 031. 2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7765 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of January,2009 O R D E R Petition for bail. 2. The alleged offences are under sections 454, 461 and 380 IPC. This is the second application for bail. The crime was registered on 24-6-1998, about 11 years back. Petitioner was not available for arrest and warrants have been issued against him. Thereafter,the case was removed to the register of long pending cases. Petitioner was arrested on 3-11-2008. 3. I have considered the case of petitioner and found that if petitioner is released on bail, he may not be available for trial. It is submitted by learned Public Prosecutor that trial is almost over and Investigating Officer alone remain to be examined. In such circumstances, I am not inclined to grant bail to petitioner at the fag end of the trial. 4. However, this will not stand in the way of petitioner moving the trial court again for bail, and if the learned Magistrate thinks it fit and proper, he may pass order on merits, in accordance with law, depending upon the stage of the case and merits of the case. With this observation this petition is disposed of . K.HEMA, JUDGE. mn.