IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 Bail Appl..No. 5437 of 2011() -------------------------- CMP.985/2011 of J.M.F.C.,KOLENCHERRY CRIME NO.382/2011 OF KUNNATHUNADU POLICE STATION .................... PETITIONERS/ACCUSED NO.1 - 3 ----------------------------- 1. ANJALI, W/O.SELVAM, AGED 25 YEARS, DOOR NO.15, KOTTAMPETTY THERUVU, CHINNASALEM GRAMAM, SELAM, THAMIL NADU. 2. MEENA, W/O.KARUPPU SWAMI, AGED 29 YEARS, DOOR NO.19, KOTTAMPETTY THERUVU, CHINNASALEM GRAMAM, SELAM, THAMIL NADU. 3. GAYAHTRI, W/O.ARUN, AGED 24 YEARS, DOOR NO.15, KOTTAMPETTY THERUVU, CHINNASALEM GRAMAM, SELAM, THAMIL NADU. BY ADV. SRI.K.S.ARUN KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5437 of 2011 ---------------------------------------------- Dated this the 11th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in Crime No.382 of 2011 of the Kunnathunadu Police Station. 2. The offence alleged against the petitioners is under Section 380 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 13/06/2011 the accused persons snatched the gold chain of a lady passenger in a KSRTC bus. When the passengers in the bus made a hue and cry, the accused threw away the gold chain in the bus and ran away. The accused were arrested on the same day. They were remanded to judicial custody. 4. The learned counsel for the petitioners submitted that the petitioners are prepared to furnish sufficient security. The Bail Application is opposed by the learned Public Prosecutor. It is submitted that the petitioners belong to Tamil Nadu. There is an organised gang for committing theft in vehicles and other public places and ladies are being Bail Appln.No.5437/2011 : 2 : employed for the commission of offence. There is a mafia relating to such incidents in the State of Kerala. 5. In the facts and circumstances stated above, I am not inclined to grant bail to the petitioners at this stage. The learned Public Prosecutor submitted that after completing the investigation charge sheet was laid. If the petitioners are released on bail, they would flee from justice. Any amount of security would not be sufficient to secure the presence of accused before court. The charge sheet having been filed, the trial has to commence shortly. The learned Magistrate shall expedite the trial of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj