IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 Bail Appl..No. 7763 of 2008() ----------------------------- CC.847/2008 of J.M.F.C., KODUNGALLUR AGAINST THE JUDGEMENT/ORDER IN BA.6920/2008 Dated 18/11/2008 PETITIONERS/ ACCUSED NO.1 & 2 ------------------------------------------------- 1. SUBBAYA PANDI @ PULIYA, S/O.ARUNAGIRI, PANAVADALI SOUTH, SANKARAN KOVIL, THIRUNELVELI, TAMILNADU. 2. CHELLAPPAN, S/O.KRISHNATHEVAR, PANAVADALI SOUTH, SANKARAN KOVIL, THIRUNELVELI, TAMILNADU. BY ADV. SRI.M.H.HANIL KUMAR RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. SUB INSPECTOR OF POLICE, VALAPAD POLICE STATION, THRISSUR-DT,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERLA, ERNAKULAM, COCHIN-682031. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7763 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of January,2009 O R D E R Petition for bail. 2. The alleged offences are under sections 454, 461 and 380 IPC. Petitioners are accused 1 and 2 in the crime. They allegedly committed theft of gold ornaments worth Rs.23,500/-. The case was registered as early as on 6-7-1999, about 10 years back. Since petitioners were not available for trial, warrants have been repeatedly issued against them and case was removed to the register of long pending cases. Petitioners were arrested on 22-9-2008. 3. I have considered the case of petitioners and found that if petitioners are released on bail, they may not be available for trial. It is submitted by learned Public Prosecutor that trial is almost over and Investigating Officer alone remain to be examined. In such circumstances, I am not inclined to grant bail to petitioners at the fag end of the trial. 4. However, this will not stand in the way of petitioners moving the trial court again for bail, and if the learned Magistrate thinks it fit and proper, he may pass order on merits, in accordance with law, depending upon the stage of the case and merits of the case. With this observation this petition is disposed of . K.HEMA, JUDGE. mn.