IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 Bail Appl..No. 2 of 2009() -------------------------- CRMP.1131/2008 of C.J.M.,KOLLAM CRIME NO.40/07 OF RAILWAY POLICE STATION, KOLLAM PETITIONER -------------------- MUHAMMED HUSNIEN @ JADAV, MOHAMMED TRIJAM, MURADER, TOLAVILLAGE, GOURA PANCHAYATH TEGURA PO., BHUASARAI DISTRICT, BIHAR. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): -------------------- 1. SUB INSPECTOR OF POLICE, RAILWAY POLICE STATION, KOLLAM. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 2 of 2009 ----------------------------------------- Dated this the 29th January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 328 and 379 read with 34 of the Indian Penal Code. According to prosecution, on 15.11.2007 at about 4.05 am, accused 1 to 7 gave biscuits containing sedative to de facto complainant and when he went into sedation, they stole money, gold and other valuables of de facto complainant. 3. Petitioner is first accused and he was arrested on 20.12.2007. Learned counsel for petitioner submitted that second accused was arrested and it is on his confession that petitioner is made an accused. Though there are seven accused, first accused mentioned the name of only second accused. Petitioner is a merchant, running a provision store in Bihar and second accused owed some money to him on purchase of groundnuts and he falsely implicated petitioner in the offence and he was arrested on 20.12.2007. BA.2/09 2 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner was identified by de facto complainant and he belongs to Bihar and it is likely that he may abscond if bail is granted to him. Petitioner is involved in other similar cases also. The charge sheet is laid on 29.1.2008 and the case is committed to the Sessions Court. 5. On hearing both sides, I am not inclined to grant bail to petitioner at this stage. Petitioner is at liberty to apply for bail before the trial court itself and the trial court may consider the bail application and dispose of the same on merit, depending upon the stage of trial and other facts and circumstances, untrammelled by any of the observations made in this order. Petition is dismissed. K.HEMA, JUDGE vgs.