IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Bail Appl..No. 888 of 2010() ------------------------------------- CC.1059/2008 of J.M.F.C.-II,ATTINGAL .................... PETITIONER/IST ACCUSED (IN CUSTODY): ---------------------------------------------------------------- SALAHUDEEN @ SALAM,S/O.SHAHUL HAMEED, ITTUKALI PUTHEN VEEDU,POTHENCODE. BY ADV. SRI.P.K.MUHAMMED RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. STATE OF KERALA,REPRESENTED BY SUB INSPECTOR OF POLICE,MANGALAPURAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 888 of 2010 ------------------------------------ Dated this the 25th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in C.C.No.1059/2008 on the file of the court of the Judicial Magistrate of the First Class-II, Attingal. 2. The offence alleged against the petitioner is under Section 379 of the Indian Penal Code. 3. The prosecution case is that between the night of 21/12/2005 and 22/12/2005, the car belonging to the de facto complainant was stolen by some unknown persons. Accused Nos. 2 and 3 were arrested in Crime No.103/2008 of Wandoor Police Station. They disclosed that they along with the petitioner had committed the offence in the present case. The petitioner was absconding. He was arrested in connection with Crime Nos.322/2009 to 327/2009 of Kazhakkoottam Police Station. His formal arrest was recorded in the present case on 2/12/2009. 4. Application for bail submitted by the petitioner was dismissed by the learned Magistrate as per the order dated B.A. No. 888/2010 2 11/01/2010. The petitioner moved the learned Sessions Judge,Thiruvananthapuram, who dismissed the application for bail by the order dated 28/01/2010. The learned Sessions Judge issued a direction to the court of the Judicial Magistrate of the First Class-II, Attingal to dispose of the case expeditiously and at any rate within a period of four months from the date of receipt of a copy of the order. That period is not over. The learned Sessions Judge noticed that the petitioner was absconding and that he is involved in several other cases. 5. The learned Public Prosecutor vehemently opposed the application. It is submitted that the petitioner is involved in Crime Nos.322/2009, 323/2009, 324/2009, 325/2009, 326/2009 & 327/2009 of Kazhakkoottam Police Station, wherein the offence alleged is theft. It is alleged that after committing theft of the cars, the same were removed to a workshop at Perintalmanna and the engine number and chassis number were changed. It is submitted that there is a racket involved in the theft of cars. If the petitioner is released on bail, it is submitted that he would make himself scarce and indulge in similar criminal activities. B.A. No. 888/2010 3 6. It cannot be said that the apprehension voiced by the learned Public Prosecutor is without any substance. The petitioner is involved in several cases of theft. If the petitioner is released on bail, there is every likelihood of the petitioner making himself scarce and indulging in similar criminal activities. In the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. The learned Sessions Judge has already issued a direction to the learned Magistrate to dispose of the case within a time frame. No further direction is required. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm