IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 Bail Appl..No. 6872 of 2008() ----------------------------- Crml.No.19/08 OF THE KANNUR RAILWAY POLICE STATION PETITIONER/ACCUSED -------------------------------------- KAILASH SAHU,S/O.KUNJABIHARE SAHU, AGED 32 YRS., SINJHPURE, JOJPURE, ORISSA. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE S.H.O.RAILWAY POLICE STATION REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6872 of 2008 ----------------------------------------- Dated this the 11th November, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 379 of the Indian Penal Code. According to prosecution, petitioner snatched a gold chain of one passenger while he was travelling in train on 21.9.2008. 3. Petitioner was arrested on 22.9.2008 and he is in custody since then. 4. Learned counsel for petitioner submitted that petitioner is prepared to abide by any condition. He is permanently working in Mangalore and he is prepared to offer local sureties and he may be granted bail, it is submitted. 5. This petition is opposed. Learned Public Prosecutor submitted that the final report is already submitted on 20.10.2008 and that petitioner belongs to Orissa and it is likely that he will abscond, if bail is granted. 5. On hearing both sides, I am satisfied that it is likely that petitioner may abscond, if bail is granted at this stage and BA.6872/08 2 he will not be available for trial. Therefore, I am not inclined to grant bail at this stage. However, petitioner may move the trial court for expeditious disposal, in which event, trial court shall consider the request and dispose of the matter as expeditiously as possible. If, for any reason, it cannot be disposed of without delay, petitioner is at liberty to move the trial court for bail. With this observation, petition is dismissed. K.HEMA, JUDGE vgs.