IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 Bail Appl..No. 7024 of 2008() ----------------------------- AGAINST THE ORDER DATED 07/11/2008 IN CMP.8336/08(LPR.7/04) IN CC.940/2008 of J.M.F.C., KODUNGALLUR .................... PETITIONERS/ACCUSED NO.1 -------------------------------------------- SUBBAYA PANDI @ PULIYA, S/O.ARUNAGIRI, PANAVADALI SOUTH, SANKARAN KOVIL, THIRUNELVELI, TAMILNADU. BY ADV. SRI.M.H.HANIL KUMAR RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. SUB INSPECTOR OF POLICE, MATHILAKAM POLICE STATION, THRISSUR-DIST,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682031. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7024 of 2008 ----------------------------------------- Dated this the 20th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 454, 461 and 380 of the Indian Penal Code. Petitioner is the first accused in Crime No.234/08. According to prosecution, accused 1 to 3 committed theft of 52 grams of gold ornaments worth Rs.23,500/-. 3. Learned Public Prosecutor submitted that crime was registered on 24.6.1998, about 10 years back. Petitioner was not available for arrest and warrants have been issued against him. The case was removed to the register of long pending cases and petitioner was arrested on 3.11.2008. The case is now being tried and is scheduled for evidence. Hence, it is not proper to grant anticipatory bail at this stage. 4. On hearing both sides, I find that bail application of a similarly placed accused (third accused) was dismissed as per order dated 18.11.2008 in B.A.No.6920/2008. I am satisfied that if petitioner is released on bail, he may not be available for trial and hence, it is not a fit case to grant bail to petitioner, at this stage. Petition is dismissed. K.HEMA, JUDGE vgs.