IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6920 of 2008()
1. SUBBAYA PANDI @ PULIYA
... Petitioner
2. CHELLAPPAN,
Vs
1. SUB INSPECTOR OF POLICE
... Respondent
2. STATE OF KERALA
For Petitioner :SRI.M.H.HANIL KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :18/11/2008
O R D E R
K. HEMA, J.
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B.A. No. 6920 of 2008
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Dated this the 18th day of November,2008
O R D E R
Petition for bail.
2. Petitioners are accused 1 and 2. Accused 1 to 3
allegedly committed theft of gold ornaments worth Rs.23,500/-.
3. Learned Public Prosecutor submitted that the crime was
registered on 6-7-1999 about nine years back. Petitioners were
not available for trial and warrants have been issued against
them. The case was removed to the register of long pending
cases. Thereafter, petitioners were arrested on 22-9-2008. The
case has been numbered as C.C. no.847/2008 and it is scheduled
for evidence now. Hence, it may not be proper to grant bail at this
stage. Petitioners are involved in other cases also, it is submitted.
Learned Public Prosecutor pointed out that petitioners are from
Tamil Nadu and they will not be available, if they are granted bail.
4. Learned counsel for petitioners submitted that 3rd
accused in the crime is already on bail. Petitioners are on bail in
other cases. He also submitted that petitioners are prepared to
deposit the value of the gold which is stolen and petitioners shall
furnish local sureties also.
BA 6920/08 -2-
5. On hearing both sides, I am satisfied that if petitioners
are released on bail, they may not be available for trial. Hence, I
find that it is not fit to grant bail.
This petition is dismissed.
K.HEMA, JUDGE.
mn.