IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 Bail Appl..No. 3341 of 2008() ----------------------------- CRIME NO.340/08 OF CHENGAMANAD POLICE STATION PETITIONERS/ACCUSED ------------------------------------ 1. SAJI T.V., AGED 29, S/O.KUNJIKANNAN, NEDUMPURAM (H), ANGAMALY P.O., KOTHAKULANGARA. 2. NAVAS, AGED 28, S/O.MUHAMMED K.M., KALLANGAL (H), KUVALLOOR P.O., POTHANIKADU, KOTHAMANGALAM. BY ADV. SRI.DHANESH MATHEW MANJOORAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, CHENGAMANAD POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3341 of 2008 ----------------------------------------- Dated this the 4th day of June, 2008 O R D E R This petition is for bail. 2. Petitioners are accused 1 and 2 in the crime registered under Sections 392 and 34 of Indian Penal Code. According to prosecution, petitioners have committed the offences and snatched away gold chain. 3. Learned counsel for petitioners submitted that petitioners were assaulted by the people of the locality on some misunderstanding and the petitioners are seriously injured also and they were handed over to the police. The police thereafter registered two crimes against them. Petitioners are totally innocent of the allegations made. Petitioners are in custody since 27.4.2008 onwards. Recovery is completed and the petitioners are questioned also and they are not required for any investigation, it is submitted. It is also submitted that petitioners are already released on bail in other case by the Magistrate Court. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that the accused were arrested on 27.4.2008 BA.3341/08 2 on their production by the people of the locality. But on questioning the accused it is found that they are involved in similar other offences and their formal arrest was recorded on 5.5.2008. They are in judicial custody. In case the petitioners are released on bail, it is submitted that they will not be available for trial, since they are it is likely to abscond. 5. On hearing both sides, I am satisfied that it is not a fit case to grant bail to the petitioners. This petition is dismissed. K.HEMA, JUDGE vgs.