IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 Bail Appl..No. 8742 of 2011() ----------------------------- AGAINST THE ORDER DATED 12/10/2011 IN ORDER IN CMP.882/2011 of J.M.F.C.-I MUVATUPUZHA CRIME NO.317/2011 OF PIRAVOM POLICE STATION .................... PETITIONER : IST ACCUSED : -------------------------- SANJAYKUMAR, AGED 26 YEARS, S/O.SALIGRAM YADAV,MAJURVA VILLAGE, KUSHAHA POST, THIBENI GANCH VIA, SUPOL DISTRICT, BIHAR. BY ADV. SRI.P.LIJO RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION HIGH COURT OF KERALA, ERNAKULAM. 2. STATE OF KERALA REPRESENTED BY S.I OF POLICE, PIRAVOM POLICE STATION, ERNAKULAM DISTRICT. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8742 of 2011 ---------------------------------------------- Dated this the 04th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.317 of 2011 of Piravom Police Station. 2. The offences alleged against the petitioner are under Sections 420 and 406 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 26/09/2011, the accused persons went to the house of one Padmini and polished certain lamps. The persons in the neighbourhood also came to the scene. The accused promised that gold ornaments also could be polished. Accordingly, under the guise of cleaning two gold chains, the accused dipped them in a solution which resulted in melting of the gold and reducing the weight of the gold ornaments. 4. The petitioner was arrested on 26/09/2011 and he was remanded to judicial custody. Final report was filed in the case on 21/10/2011 before the court of the Judicial Magistrate of the First Class, Muvattupuzha. Bail Appln.No.8742/2011 : 2 : 5. The learned Public Prosecutor opposed the application for bail. He submitted that the petitioner belongs to Bihar and if he is released on bail, he would flee from justice and make himself scarce. In the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Since the final report is filed, the trial of the case can be expedited. Accordingly, there will be a direction to the Judicial Magistrate of the First Class, Muvattupuzha to try and dispose of the case as expeditiously as possible. If the case is not disposed of within three months, the petitioner would be free to make an application for appropriate reliefs. The Bail Application is disposed of as above. K.T.SANKARAN, JUDGE skj