IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Bail Appl..No. 6175 of 2011() ----------------------------- AGAINST THE ORDER IN BA.5610/2011 Dated 15/07/2011 CMP.2302/2011 of J.M.F.C.,CHANGANACHERRY CRIME NO.266/2011 OF THE KARUKACHAL POLICE STATION .................... PETITIONER ------------------------------ SANTHY, W/O.SURESH, SELAM RAILWAY STATION PURAMBOKKU, SELAM DISTRICT, TAMILNADU STATE. BY ADV. SRI.K.SURESH SMT.DEEPTHI S.MENON RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 6175 OF 2011 --------------------------------- Dated this the 3rd day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.266 of 2011 of the Karukachal Police Station, Kottayam District. 2.The offence alleged against the petitioner is under Section 379 of the Indian Penal Code. 3. The petitioner filed Bail Application No.5610 of 2011, which was disposed of by me, as per the order dated 15th July, 2011. 4. Paragraphs 3 to 5 of the said order read as follows: “3. The prosecution case is that on 27/06/2011, while the de facto complainant, a postal collection agent was travelling in a bus, her purse containing `11,000/- was stolen. It is alleged that the accused was sitting in the seat just behind the seat in which the de facto B.A.No. 6175 OF 2011 2 complainant was sitting. The accused alighted at a particular place and the de facto complainant continued her journey. Later she realised that her purse was missing from her bag. She made a hue and cry and matter was reported to the police. The accused was arrested in the evening on the same day. The purse as well as the money was recovered. She was arrested on 27/06/2011 and she was remanded to judicial custody. 4. The petitioner belongs to Tamil Nadu. The learned Public Prosecutor submitted that the charge sheet was filed in the case on 30/06/2011 and if the petitioner is released on bail, she would make herself scarce. It is alleged that there is a big racket behind such activities and ladies are being deployed at various stations for the purpose of committing theft. 5. Taking into account the nature of the offence and the fact that charge sheet was filed in the case, I do not think this is a fit case where bail can be granted. If the petitioner is released on bail, it is most likely that she would make herself scarce. The Bail Application is accordingly dismissed. The learned Judicial Magistrate of the First Class-I, Changanassery, where the case is now pending, shall expedite the trial of the case.” 5. There is no change of circumstance warranting a fresh look into the matter. The same situation as mentioned in the order dated 15th July, 2011 exists even now. I do not find any ground to grant bail to the petitioner. The Bail Application is accordingly, dismissed. K.T.SANKARAN, JUDGE. cms