IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 Bail Appl..No. 3793 of 2009() ----------------------------- CRIME NO.334/2008 OF THAMPANOOR POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- CHANDRAN, S/O. APPU, ROADARIKATHU VEEDU, NEAR R.C.CHURCH, VALIYAVAZHI, CHILAMPARA, KEEZHAROOR VILLAGE, NEYYATTINKARA. BY ADV. SRI.R.GOPAN RESPONDENT(S): COMPLAINANTS --------------------------- SUB INSPECTOR OF POLICE, THAMPANOOR, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.No.3793 of 2009 ---------------------------------- Dated this the 23rd day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.C.No.307 of 2008 on the file of the court of the Judicial Magistrate of the First Class-III, Thiruvananthapuram. 2. The offence alleged against the petitioner is under Section 379 of the Indian Penal Code. 3. The petitioner was granted bail by the learned Magistrate on 15.9.2008. Thereafter, the petitioner did not appear before court. He absconded. During that period, he committed an offence of a similar nature in Crime No.154 of 2009 within the limits of the same police station. He was arrested and produced in that case. His formal arrest was recorded in this case. 4. The petitioner moved a Bail Application before the learned Sessions Judge which was dismissed by a detailed order dated 25th June 2009. The learned Sessions Judge noticed that the petitioner is a previous convict for the offence under Section 511 of 379 IPC. If bail is granted to the petitioner, there is every likelihood that he may BA No.3793/2009 2 abscond and make himself scarce. It is also likely that he may commit similar offences, if released on bail. For the aforesaid reasons, the Bail Application is dismissed. The petitioner is free to move the trial court for an early disposal of the case. K.T.SANKARAN, JUDGE csl