IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 Bail Appl..No. 10619 of 2011 CRIME NO.240 OF 2008 OF NADAKKAVU POLICE STATION, KOZHIKODE. PETITIONERS/ACCUSED NO.5: --------------------------------------- THORACHI @ DURAICHI, W/O.ANAND @ ANANDHKUMAR, SOUTH PANAVADALI/CHATHRAM, EAST STREET, KEELPANAVADALI CHATHRAM P.O., THIRUNELVELI, TAMILNADU. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT AND STATE ------------------------------------ 1. SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION, KOZHIKODE-673011. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 10619 OF 2011 ------------------------------------------------------ Dated this the 23rd day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.5 in Crime No.240 of 2008 of Nadakkavu Police Station, Kozhikode District. 2. The offences alleged against the accused are under Sections 454, 380 and 461 of the Indian Penal Code. 3. The prosecution case is that on 20.5.2008, during night, the accused broke open the house of the defacto complainant and committed theft of 40 sovereigns of gold ornaments and `10,000/-. The accused belong to Tamil Nadu. They could not be arrested for a long time. The petitioner was arrested on 25.11.2011 by the police from a village in Tamil Nadu. It is submitted by the learned Public Prosecutor that the arrest was made after conducting a very risky operation by the police. The petitioner is in judicial custody from 25.11.2011 onwards. BAIL APPL. NO.10619 OF 2011 :: 2 :: 4. The learned Public Prosecutor submitted that, after completing the investigation, final report was filed on 1.12.2011 before the Court of the Judicial Magistrate of the First Class IV, Kozhikode. The Bail Application is very vehemently opposed by the learned Public Prosecutor. 5. Organized thefts and house breaking are in increase in the State. In very many cases, accused from other States committed theft and escaped from the State of Kerala. It is submitted by the learned Public Prosecutor that a racket is behind the operation of such organized activities. 6. If the petitioner is released on bail, she would make herself scarce and flee from justice. The charge sheet having been filed, the trial of the case can be expedited. For the aforesaid reasons, the Bail Application is dismissed. The court having jurisdiction shall expedite the trial of the case. (K.T.SANKARAN) Judge ahz/