IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 Crl.MC.No. 3406 of 2011() ------------------------- CC.776/2011 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... PETITIONER(S): ACCUSED ---------------------- NIYAS, AGED 32 YEARS, S/O MOHAMMED ALI, PULIKKAL VEEDU, PALAPETTY WEST, PERUMPADAPPU VILLAGE, MALAPPURAM DISTRICT. BY ADV. SRI.C.A.CHACKO RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. B. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BKA Crl.MC.No. 3406 of 2011() APPENDIX PETITIONERS' ANNEXURES: ANNEXURE A1: TRUE COPY OF THE ORDER DATED 16.08.2011 IN CRL.M.P.NO.6101/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD. ANNEXURE A2: TRUE COPY OF THE ORDER DATED 29.08.2011 IN CRL.M.C.NO.1195/2011 OF SESSIONS COURT, THRISSUR. ANNEXURE A3: TRUE COPY OF THE ORDER DATED 01.09.2011 IN CRL.M.P.NO.6754/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD. ANNEXURE A4: TRUE COPY OF THE COMMON ORDER DATED 24.09.2011 IN CRL.M.C.NO.1429/2011 OF SESSIONS COURT, THRISSUR. RESPONDENTS' ANNEXURES: NIL //TRUE COPY// PA TO JUDGE BKA N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3406 of 2011 ----------------------------------- Dated this the 4th day of October 2011 O R D E R Petitioner is the accused in C.C.No.776/2011 of J.F.C.M., Chavakad. The offence alleged against him is under Sec.392 of IPC. His bail application was dismissed by the learned Magistrate. When application was filed before the Sessions Judge, the learned Sessions Judge directed the Magistrate to consider the application again. The learned Magistrate after considering the application, dismissed the petition. The learned Magistrate observed that the accused is alleged to have snatched the gold chain of the de facto complainant. On going through paragraph 6 of the order passed by the learned Magistrate it is seen that he is an accused in six other similar cases and that was the reason which rightly weighed with the learned Magistrate to deny bail to the accused. If the accused is granted bail it will Crl.M.C. No.3406 of 2011 -: 2 :- thwart the trial. In these circumstances, no direction can be issued by this Court since this Court finds no reason to interfere with the discretion exercised by the learned Magistrate. This petition is hence dismissed. N.K.BALAKRISHNAN, JUDGE. Jvt