IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 Bail Appl..No. 3155 of 2010() ----------------------------- BA NO.221/09 OF BECKAL POLICE STATION, KASARAGODE. (S): PETITIONER/ACCUSED NO.2 ------------------------------------------- SEKHAR @ ATHIYUR SEKHAR,AGED 29 YEARS, KORARANGAN,WEST STREET,SIKKAD,ANTHIYOOR, TAMILNADU. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3155 of 2010 ---------------------------------------------- Dated 31st May, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 411 and 414 read with Section 34 of the Indian Penal Code. According to prosecution, accused Nos.1 to 14, in furtherance of their common intention committed theft of articles worth Rs.4.5 crores (gold ornaments and money) from North Malabar Gramin Bank. Certain articles were disposed of and properties were purchased. Petitioner is accused No.11. He is 10th accused's brother. He was entrusted with 2 Kg. of stolen gold ornaments by 10th accused and he disposed of the same. 3. Learned counsel for the petitioner submitted that the only allegation against petitioner is that he has kept in his possession stolen articles. The 8th accused in this case, against whom similar allegations were made, was granted bail. 4. This petition is opposed. Learned Public Prosecutor pointed out that third accused, who is a woman was refused bail by this Court, as per order dated 26.5.2010 in B.A.No.2356/10, BA NO.3155/10 2 taking into consideration the stage of trial. It is also submitted that petitioner is involved in 6 similar cases and the trial has already commenced. 3 witnesses are already examined in this case and if petitioner is granted bail, it is likely that he will not be available for trial. 5. On hearing both sides, I am satisfied that this is not a fit case to grant bail to petitioner at this stage. Petition is dismissed. K.HEMA, JUDGE. tgs