IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 Bail Appl..No. 7443 of 2008(A) ------------------------------------- CC.704/2008 of J.M.F.C., KODUNGALLUR CRIME NO.128/08 OF VALAPAD POLICE STATION .................... PETITIONER/ACCUSED NO.1 : ------------------------------------ BHAGAVATHY @ ACHAN, S/O.RAMASWAMY, KAMBAM DEPOT STREET, ANKUR PALAYAM ROAD, THENI-DIST., TAMILNADU. BY ADV. SRI.M.H.HANIL KUMAR RESPONDENTS/COMPLAINANT/STATE : ------------------------------------------------ 1. SUB INSPECTOR OF POLICE, VALAPAD POLICE STATION, THRISSUR DIST., REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN 682 031. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7443 OF 2008 ------------------------------ Dated this the 9th day of December, 2008 O R D E R This petition is for bail. 2. According to prosecution, petitioner (first accused) along with second accused committed offences under Sections 457, 461 and 380 of I.P.C. Silver ornaments and cash worth Rs.4,800/- were stolen from the house of the defacto complainant, after cutting open the bars of the window. 3. Learned counsel for petitioner submitted that the petitioner is arrested on 04.06.2008 in connection with another case and the arrest was recorded in this case subsequently. The petitioner is in custody for a long period. Hence, bail may be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that the petitioner belongs to Tamil Nadu and in case petitioner is released on bail, he is likely to abscond. It is also submitted that the charge sheet is already laid and hence the case must be ripe for trial by now. The incident occurred on 27.02.2008. Learned Public Prosecutor submitted that the B.A.7443 of 2008 2 charge sheet has been laid and the case is taken on the file as C.C.No.704 of 2008 and the petitioner was arrested in this case on 28.06.2008. On hearing both sides, I am satisfied that if bail can be granted, petitioner may abscond and hence I am satisfied that it is not fit to grant bail at this stage. However, learned Magistrate is directed to dispose of the case without any delay and in case, for any reason delay be caused for disposal of the case, petitioner is at liberty to apply for bail again before lower court itself, in which event, the bail application shall be disposed of on merit. The petition is dismissed. K.HEMA, JUDGE pac