IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 Bail Appl..No. 3635 of 2010() ----------------------------- CMP.1127/2010 of J.M.F.C.-II,HOSDRUG CRIME NO.39/2010 OF BEKAL POLICE STATION NOW PENDING AS C.P.NO.86/2010 OF J.F.C.M.II HOSDURG, KASARGOD .................... PETITIONER/ACCUSED -------------------------------------- ABDUL HAMEED @ AMMI @ ATTGOLI HAMEED, AGED 26 YEARS, S/O.MOIDEEN, R/AT ATTAGOLI HOUSE, ATTAGOLI, PAIVALIKE, KAYYAR VILLAGE, KASARAGOD TALUK, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE, BEKAL POLICE STATION, REP.BY THE PUBLIC PROSECUTOR ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 3635 of 2010 ------------------------------------ Dated this the 17th day of June, 2010 O R D E R Petition for bail. 2. The alleged offence is under Sections 394 of the Indian Penal Code. According to prosecution, petitioner(A3) along with three others committed robbery of 114 sovereigns of gold and Rs.19,500/- from a private finance institution run by de facto complainant on 16.01.2010. 3. Petitioner was arrested on 13.02.2010 and he is in custody for the past 124 days. Petitioner is involved in eight other cases and in all the cases bail is granted, it is submitted. Learned counsel for petitioner submitted that though the offence is only under Section 394 of the Indian Penal Code, which is triable by a First Class Magistrate, this case was committed to the Sessions Case and it is likely that it will take a long time for disposal of the case. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that first accused in this crime escaped from Kannur Central jail and he has not been apprehended so far. B.A. No. 3635 of 2010 2 Petitioner is involved in various other similar crimes. If the petitioner is released on bail, it is likely that he will also abscond, it is submitted. 5. On hearing both sides, I am satisfied of the submissions made by learned Public Prosecutor. I do not think it fit to grant bail to petitioner at this stage. However, if the petitioner is so advised, he may move the lower court, in case there is considerable delay in disposal of the case. This petition is dismissed. K. HEMA, JUDGE ln