IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 Bail Appl..No. 10238 of 2011 CRIME NO.583 OF 2005 OF KALAMASSERY POLICE STATION, ERNAKULAM. C.C.NO.341 OF 2010 OF THE COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS II, ALUVA. PETITIONER: ACCUSED NO.1 -------------------------------- FAISAL @ THAMMANAM FAISAL, AGED 33 YEARS, S/O. JOSEPH, MOODOTTIN HOUSE, NEAR ETTECKAR ST.JUDE CHURCH, CHUNDI BHAGAM, EDATHALA KARA, ALUVA WEST VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, ERNAKULAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/12/2011, ALONG WITH BA NO.10243 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NOs.10238 & 10243 OF 2011 ------------------------------------------------------ Dated this the 20th day of December, 2011 O R D E R These are applications for bail under Section 439 of the Code of Criminal Procedure. The petitioner in these Bail Applications is the same person, namely, Faisal @ Thammanam Faisal. The petitioner is accused No.1 in Crime No.583 of 2005 of Kalamassery Police Station (which is now pending as C.C.No.341 of 2010 on the file of the Court of the Judicial Magistrate of the First Class II, Aluva) and the sole accused in Crime No.443 of 2007 of Kalamassery Police Station (which is now pending as C.C.No.210 of 2008 on the file of the Court of the Judicial Magistrate of the First Class II, Aluva). 2. The offence alleged against the petitioner in Crime No.583 of 2005 of Kalamassery Police Station is under Section 394 of the Indian Penal Code. The prosecution case is that on 11.11.2005 at 1 P.M., the accused persons trespassed into the house of CW1 with the common intention to commit robbery. They intimidated CWs.2 and 3 and other women in the house at knife point. The accused BAIL APPL. NOS.10238 & 10243 OF 2011 :: 2 :: robbed the gold ornaments and money to the tune of `1,500/-. Hurt was also caused to CW1 by fisting and kicking him. During the crime stage, the petitioner was released on bail. Thereafter, he absconded. Final report was filed in the case and the case was taken as C.C.No.341 of 2010, on the file of the Court of the Judicial Magistrate of the First Class II, Aluva. Bail Application filed by the petitioner was dismissed by the court below holding that if the petitioner is released on bail, he would make himself scarce and on the ground that he is involved in the other case as well. 3. The offence alleged against the petitioner in Crime No.443 of 2007 of Kalamassery Police Station is under Section 27 of the Arms Act and Section 506(ii) of the Indian Penal Code. The allegation against the petitioner is that on 3.6.2007 at 2.45 P.M., the petitioner was found in possession of a sword having a length of 45 cms. at public road near HMT Junction. He intimidated the wayfarers and also the Sub Inspector of Police. The petitioner was granted bail during the crime stage and thereafter he absconded. After completing the investigation, charge sheet was filed and the BAIL APPL. NOS.10238 & 10243 OF 2011 :: 3 :: case was taken as C.C.No.210 of 2008, on file of the Judicial Magistrate of the First Class II, Aluva. 4. These Bail Applications were vehemently opposed by the learned Public Prosecutors. It is submitted by the learned Public Prosecutor that the petitioner is really acting as a goonda in the locality and he is also a habitual offender. It is submitted by the learned Public Prosecutor that the petitioner is involved in many other cases. 5. Bail was granted to the petitioner in the aforesaid two cases at the crime stage. But, he did not appear before Court and he made himself scarce. The trial of the case could not be completed only because of the absence of the petitioner before Court. If the petitioner is released on bail at this stage, it would not be possible to try and dispose of the cases. It is also relevant to take note of the criminal antecedents of the petitioner. If the petitioner is released on bail, it is most likely that he would indulge in similar criminal activities to the detriment of the general public. BAIL APPL. NOS.10238 & 10243 OF 2011 :: 4 :: For the aforesaid reasons, I am not inclined to grant bail to the petitioner. These Bail Applications are, accordingly, dismissed. The trial court shall expedite the trial of the aforesaid two cases, taking into account the fact that the petitioner is in judicial custody. (K.T.SANKARAN) Judge ahz/