IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 Bail Appl..No. 1304 of 2010() ---------------------------------- CMP.340/2010 of J.M.F.C.-II, ERNAKULAM CRIME NO. 189/2010 OF KADAVANTHRA POLICE STATION .................... PETITIONER/ACCUSED : ---------------------------- NOOR ISLAM, AGED 24 YEARS, S/O.SHEIKLAL, NEAR NURANY MASDHIJI, NORGHAT EAST MISNAPUR, WEST BENGAL, NOW RESIDING AT MUTTATHU LANE, KADAVANTHRA, ERNAKULAM. BY ADV. SRI.P.A.MUJEEB RESPONDENT: --------------- THE SUB INSPECTOR OF POLICE, KADAVANTHRA POLICE STAION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 1304 of 2010 ------------------------------------ Dated this the 10th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.189/2010 of Kadavanthra Police Station. 2. The offences alleged against the petitioner are under Sections 454, 461 and 380 of the Indian Penal Code. 3. The prosecution case is that on 01.02.2010, the petitioner committed theft of a lap top computer from the house of the de facto complainant. The petitioner was arrested on 04.02.2010 and he was remanded to judicial custody. After completing the investigation, charge sheet was filed in the case on 19.02.2010. 4. The learned counsel for the petitioner submitted that the petitioner is working in Best Bakery, Kadavanthra as an employee and that he is residing in the residence provided by the employer. The petitioner belongs to West Bengal. It is submitted that the petitioner is not involved in any other case of similar nature. B.A. No. 1304/2010 2 5. Learned Public Prosecutor very vehemently opposed the Bail Application. He has submitted that if the petitioner is released on bail, there is every chance of his absconding. Since the charge sheet is filed, the trial of the case can be expedited and there would be no prejudice to the petitioner, submitted the learned Public Prosecutor. 6. Taking into account the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. The petitioner belongs to West Bengal. If he is released on bail, there is every likelihood of the petitioner absconding. The trial of the case would not be over if the petitioner absconds. The interests of the petitioner can be safeguarded by issuing a direction to the learned Magistrate to expedite the trial of the case. For the aforesaid reasons, the request for bail is rejected and the Bail Application is dismissed. The Judicial Magistrate of the First Class-II, Ernakulam, before whom the case is pending, shall take earnest steps to expedite the trial of the case. K.T. SANKARAN, JUDGE ln