IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 Bail Appl..No. 6728 of 2008() ----------------------------- CMP.6055/2008 of J.M.F.C.-III,THRISSUR CRIME NO.287/08 OF PEECHI POLICE STATION PETITIONER (S): PETITIONERS/ACCUSED NOS.1 TO 3 -------------------------------------------------- 1. T.H.RIYAS, AGED 24 YEARS, S/O. HASSAINAR, PERIYATTADUKKAM HOUSE, PANAYAL, KASARAGOD TALUK. 2. SHEREEF @ MOOKU SHEREEF, AGED 22 YEARS, S/O. ABBAS, BADHARIA HOUSE, ANANGOOR, KASARAGOD DISTRICT. 3. AHAMMED KHABEER, AGED 25 YEARS, S/O. ASSAINAR, NELLIKATTA ROAD, VIDHYANAGAR, KASARAGOD DISTRICT. BY ADV. SRI.MURUGAN P.V. RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PEECHI POLICE STATION, THRISSUR DISTRICT. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6728 of 2008 ----------------------------------------- Dated this the 3rd November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 379 and 34 of Indian Penal Code. Petitioners are accused 1, 3 and 4 in the crime. They have committed theft of a car, in furtherance of common intention. The incident occurred on 14.6.2008. 3. Learned Public Prosecutor submitted that first accused was arrested on 16.7.2008 in connection with crime No.184/2008 of Kumbala Police Station. On arrest and questioning, involvement of other accused was revealed. While the accused were in remand, their arrest was recorded in this case on 31.7.2008. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that petitioners are involved in various other 12 crimes of similar nature and if petitioners are granted bail, it is likely that they will abscond. 5. Learned counsel for petitioners submitted that petitioners are in custody for 100 days with effect from 4.5.2008. First accused was in custody under the Kerala Anti-Social Activities (Prevention) BA.6728/08 2 Act. But the said order was revoked subsequently by the Government. Petitioners are released on bail in all other crimes, except this, it is submitted. 6. On hearing both sides, I am satisfied of the submissions made by learned Public Prosecutor that if the petitioners are granted bail, it is likely that they will abscond. Hence, I am not inclined to grant bail to petitioners. Petition is dismissed. K.HEMA, JUDGE vgs.