IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 Bail Appl..No. 6693 of 2008() ----------------------------- CMP.4357/2008 of J.M.F.C.-I, MAVELIKKARA CRIME NO. 402/2007 OF MAVELIKKARA POLICE STATION PETITIONER/ACCUSED NO.2:- --------------------------------------------- JOSE @ JOYI, S/O. PHILIP, PARAYIL VEEDU, THONNIPPUZHA KARA, PULLAD. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.SURYA SASI RESPONDENT(S): STATE AND COMPLAINT:- ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, MAVELIKKARA. BY P.P. SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6693 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of October,2008 O R D E R Petition for bail. 2. According to prosecution, 1st accused committed theft of a car and petitioner (A2) received the same knowing it to be stolen. Incident occurred on 15-8-2007. Petitioner was arrested on 7-8-2008 and he is in custody since then. 3. Learned counsel for petitioner submitted that petitioner is innocent of the allegations made. Petitioner has not received any car knowing it to be stolen. He is in custody for the past more than 2 ½ months. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that petitioner is a habitual offender in these types of crimes. Petitioner is an accused in 14 other cases of similar nature and mostly the vehicle involved is car. The charge has been laid. At this stage petitioner may not be granted bail, since he is likely to abscond. The car could not be recovered and it is likely that he will tamper with evidence, intimidate witnesses. 5. On hearing both sides, I am satisfied that having been involved 14 other cases of similar nature, it is likely that petitioner will abscond. There is also a possibility he will BA 6693/08 -2- influence or intimidate witnesses or tamper with evidence. The charge has already been laid. The trial can be expedited, but I am not satisfied that it is a fit case to grant bail. 6. However, learned Magistrate is directed to expedite the trial and dispose of the case without delay. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.