IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4253 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. 4253 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, 461, 380
r/w 34 IPC. according to prosecution, petitioner (A2) along with
first accused in furtherance of common intention committed
house breaking and theft of video camera, two pairs of ear rings
and some silver vessels from the house of defacto complainant in
January 2010. Accused were taken into custody on 25.5.2010 by
Panangad Police station, in connection with another crime.
Petitioner was formally arrested on 11.6.2010.
3. Learned counsel for petitioner submitted that petitioner
is in custody for the past 35 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
B.A. No.4253/10 2
other crimes. In such circumstances, I am not inclined to grant
anticipatory bail. As it is pointed out by learned public
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.