IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4247 of 2010()
1. FAIZAL @ SHAIJU, AGED 32 YEARS,
... Petitioner
Vs
1. THE S.I. OF POLICE,
... Respondent
For Petitioner :SRI.P.A.MUJEEB
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :17/08/2010
O R D E R
K. HEMA, J
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B.A.No.4247 OF 2010
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Dated this the 17th day of August, 2010
O R D E R
This petition is for bail.
2. The alleged offences are under sections 457 and 380 IPC.
according to prosecution, petitioner committed house breaking
and theft of house hold articles including gas cylnders and
electronic items in February, 2010 from the house of defacto
complainant.
3. Learned counsel for petitioner submitted that petitioner
is in custody for the past 59 days. This petition is opposed.
Learned public prosecutor submitted that petitioner is involved in
other crimes of similar nature if he is enlarged on bail, it is likely
that he will abscond.
4. On hearing both sides, I am satisfied that if petitioner is
granted bail, it is likely that he will abscond since he is involved in
other crimes. In such circumstances, I am not inclined to grant
anticipatory bail. As it is pointed out by learned public
B.A. No.4247/10 2
prosecutor, punishment for offence u/s.457 IPC is imprisonment
for 14 years, if such offence is committed for the purpose of theft
and hence, the statutory period for granting bail on default is 90
days..
This petition is dismissed.
K. HEMA, JUDGE.
Sou.