IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 Bail Appl..No. 3952 of 2009 CRIME NO.307 OF 2009 OF KUNNAMANGALAM POLICE STATION CMP.2660/2009 of J.M.F.C.,KUNNAMANGALAM PETITIONERS: ACCUSED: -------------------- 1. THENMOZHI, W/O. CHANDRU, AGED 30 YEARS, PALANI AGRAVARAM, POLLACHI, NOW RESIDING AT KOLLAMUKKU, KOYILANDY, (CORRECT ADDRESS PALANI ADIVARAM,PALANI). 2. DEVI, W/O. VIJI, AGED 28 YEARS, PALANI AGRAVARAM, POLLACHI, NOW RESIDING AT KOLLAMUKKU, KOYILANDY, (CORRECT ADDRESS PALANI ADIVARAM,PALANI) BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT: COMPLAINANT: --------------- THE STATION HOUSE OFFICER, KUNNAMANGALAM POLICE STATION, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3952 OF 2009 ------------------------------------------------------ Dated this the 22nd July, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.307 of 2009 of Kunnamangalam Police Station. 2. The offence alleged against the petitioners is under Section 392 of the Indian Penal Code. 3. The prosecution case is that while the de facto complainant was travelling in an autorickshaw, the petitioners requested for a lift. When the autorickshaw reached Mukkam Road junction, the petitioners snatched away the gold chain of the de facto complainant and ran away. On making a hue and cry by the de facto complainant, local people chased the petitioners and they were apprehended. On arrest, they were produced before the learned Magistrate, who remanded them to judicial custody. 4. The application for bail moved before the learned Magistrate was dismissed by the detailed order dated 9.7.2009. The learned B.A. NO. 3952 OF 2009 :: 2 :: Magistrate held that charge was laid in the case and that the trial of the case could be expedited. It is also noticed therein that the petitioners belong to Tamil Nadu and if they are released on bail at this stage, they would not be available for trial. Cogent reasons are stated for denying bail. 5. Taking into account the facts and circumstances of the case, I do not think that the petitioners can be released on bail at this stage. Learned Magistrate would make every effort to expedite the trial and dispose of the case within a period of three months. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/