IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Bail Appl..No. 3678 of 2010() ----------------------------------------- CRIME NO.01/2010 OF VELLARIKUNDU POLICE STATION. .................... PETITIONERS/ACCUSED NO.2 -------------------------------------------- SIHAB, S/O. MOIDU, AGED 26 YEARS, KANATHIL HOUSE, NAMBIAR KOCHI, PARAPPA VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.JACOB E.SIMON RESPONDENT/COMPLAINANT -------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VELLARIKUNDU POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K. HEMA, J. --------------------------- B.A. No. 3678 of 2010 ------------------------------------ Dated this the 18th day of June, 2010 O R D E R This petition is bail. 2. The alleged offences are under Sections 457 and 380 of the Indian Penal Code. According to prosecution, petitioner (A2) along with two other accused committed theft of mobile phone from the shop of the de facto complainant. 2. Learned counsel for petitioner submitted that petitioner is in custody for the past 90 days. Charge sheet is laid and hence petitioner's custody is not required for interrogation. 3. This petition is opposed. Learned Public Prosecutor submitted that petitioner was arrested on 09.03.2010 on the date of occurrence itself, but he escaped from police custody. Later, he could be arrested only on 16.03.2010 and he is involved in another theft case also. In respect of the petitioner's escape from police custody, yet another case is registered. In such circumstances, it is likely that petitioner may abscond, it is submitted. 4. On hearing both sides, I am satisfied of the submissions B.A. No. 3678 of 2010 2 made by learned Public Prosecutor. Since charge sheet is laid, petitioner may move for early disposal of the case by the trial court. But I am not inclined to grant bail to petitioner at this stage, since, it is likely that he may abscond, in which event the trial will be protracted. Petition is dismissed. K. HEMA, JUDGE ln