IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 Bail Appl..No. 291 of 2010() ------------------------------------ CRIME NO.780/2009 OF GANDHINAGAR POLI CE STATION, KOTTAYAM. PETITIONERS/ACCUSED: --------------------------------------- 1. PRIYA W/O.KALIDAS, RESIDING IN PURUMBOKE NEAR KUMALI BUS STAND, KUMALI VILLAGE. 2. MARI, D/O.GANESHAN, RESIDING AT PRUAMBOKE LAND NEAR KUMALI BUS STAND, KUMALI VILLAGE. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT/ STATE: --------------------------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.291 of 2010 ------------------------------------ Dated this the 22nd day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in Crime No. 780/2009 of Gandhinagar Police Station, Kottayam. 2. The offences alleged against the petitioners are under Sections 379 and 414 of the Indian Penal Code. 3. The gist of the prosecution case is the following:On 7/12/2009, the de facto complainant, a B.D.S student of Medical College, Kottayam was travelling in a private bus. The accused persons boarded the bus as if they were bona fide passengers. The allegation is that they had stolen the purse belonging to the de facto complainant, in which Rs.250/- was kept. The petitioners were arrested on 7/12/2009. The purse was recovered. A considerable portion of the money was also recovered. The petitioners were remanded to judicial custody. The Judicial Magistrate of the First Class, Ettumanoor dismissed the application for bail filed by the petitioners, by the order B.A. No.291/2010 2 dated 16/12/2009. It is stated that the petitioners moved the learned Sessions Judge for bail on two occasions. The learned sessions Judge passed the latest order on 30/12/2009 and the prayer for grant of bail was rejected. 4. The learned Magistrate noticed that there is a racket functioning in the area, where ladies belonging to the neighboring State are deployed for committing theft and other offences. It is also noticed by the learned Magistrate that in spite of the contention of the petitioners that do not have any job, they offered to deposit the bond amount in order to get bail. It was also noticed that commission of similar offences were on the higher side in the recent past. The fact that the purse was recovered from the accused and the fact that they were identified by the de facto complainant, are relevant in this context. 5. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed in the case on 5/1/2010 before the court of the Judicial Magistrate of the First Class , Ettumanoor. It is also submitted by the learned Public Prosecutor that the petitioners have no permanent abode in the State of Kerala and if they are released on bail, they would make themselves scarce and it would not be possible to secure B.A. No.291/2010 3 their presence before the court during trial. 6. In the facts and circumstances of the case, I am not inclined to grant bail to the petitioners. As held by the learned Magistrate, it would appear that there is a racket functioning in the State. People from outside the State are being brought and they are being deployed for committing the offences including theft, burglary, lurking house trespass, robbery etc. Such cases are to be dealt with taking into account the misery of the victims as well. If a liberal approach is taken in the matter in favour of accused, that will result in a feeling of insecurity in the minds of the ordinary people who become prey to such offences. While dealing with the cases of such organised crimes, the court cannot shut the eyes to the practical realities and the incidents that take place in the State, which affect the common man. In the facts and circumstances of the case, I am not inclined to grant bail to the petitioners. However, the Judicial Magistrate of the First Class, Ettumanoor shall expedite the trial of the case, giving top priority to the cases of this nature. K.T. SANKARAN, JUDGE scm