IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 Bail Appl..No. 4232 of 2010() ----------------------------- CC.110/2010 of J.M.F.C. - I, CHALAKUDY .................... PETITIONER/ACCUSED -------------------------------------- NASSAR,S/O.HYDROSE,AGED 32, THOPPIL HOUSE, PARARIVATTOM,ERNAKULAM. BY ADV. SRI.M.SHYJU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.4232 OF 2010 -------------------------------- Dated this the 16th day of July 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 457, 380 and 461 r/w 34 of IPC. According to prosecution, petitioner (A1) along with second accused, in furtherance of common intention committed house trespass and theft of one 'golaka' from a temple. 3. Learned counsel for petitioner submitted that petitioner was arrested on 15/03/2010 and he is in custody for the past four months. Petitioner is on bail in all other cases. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner was granted bail during trial stage and he jumped bail. The crime was registered as early as on 2006 and he absconded. Second accused was convicted after completion of trial. Petitioner was arrested in connection with another crime and his arrest in this case is recorded on 15/03/2010. It is submitted that it is likely that petitioner may abscond. 5. On hearing both sides, I am satisfied of the submissions made by the learned Public Prosecutor and it is likely that petitioner may abscond if bail is granted. Hence, I am not inclined to grant bail to petitioner at this stage, chances of absconding. The trial is B.A No.4232 OF 2010 2 likely to be protracted, if petitioner is released on bail. Though petitioner was granted bail in the other case, he absconded and the trial was protracted. 6. However, I make it clear that petitioner is at liberty to move the trial court for expeditious disposal. If there is any further delay, petitioner will be at liberty to file bail application before the trial court itself. Petition is dismissed. K.HEMA JUDGE vdv