In a bail application by an accused charged with robbery and theft, the Hon'ble Court dismissed the petition finding the offence serious and noting the trial had already commenced with four witnesses examined by the Magistrate.
Discharge of the petitioner from the custody of the Superintendent of Police.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
WEDNESDAY, THE 19TH DAY OF MARCH 2014/28TH PHALGUNA, 1935
Bail Appl..No. 1869 of 2014 (C)
AGAINST THE ORDER IN Bail Appl. 8474/2013 of HIGH COURT OF KERALA DATED 19-12-2013
AGAINST THE ORDER IN CRMC 1358/2013 of SESSIONS COURT,THALASSERY DATED 25-10-2013 CRIME NO. 376/2013 OF MAYYIL POLICE STATION , KANNUR
ACCUSED(S)/PETITIONER/ACCUSED:
BIJU.A.N., AGED 30 YEARS S/O.ANTONY, NEERCHAL HOUSE, PARIYARAM AMSOM POYIL, KANNUR DISTRICT
BY ADV. SRI.K.RAJESH SUKUMARAN
COMPLAINANT(S)/RESPONDENT/COMPLAINANT:
STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM
BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
JJJ
N.K. BALAKRISHNAN, J.
B.A. No. 1869 of 2014 (C)
Dated this the 19th day of March, 2014
O R D E R
The petitioner is the accused in C.C.
No.1525/2013 of Judicial First Class Magistrate Court-II, Kannur. The offence alleged is under section 392 of IPC.
The petitioner has been in custody since 14.08.2013.
was going to the toilet situated at the rear side of her house, the accused snatched the gold chain weighing 4½ sovereign.
showing the gravity of the offence. It was also noticed that there is another crime against the accused, where the offences alleged are under sections 457 and 380 of IPC.
B.A. No. 1869/2014 (C)
-2-
of the direction of this Court, the bail application has not been disposed of. Later, when the Court was about to get report from the learned Magistrate, the learned counsel for the accused says that four witnesses have already been examined in this case. Therefore, it is quite clear that the trial is in progress. The learned Magistrate will certainly dispose of the case at the earliest. I find no reason to grant bail to the petitioner.
This application is hence dismissed.
Sd/-
N.K. BALAKRISHNAN, JUDGE
//True Copy//
P.A. to Judge
jjj
2 issues framed by the court
Whether bail should be granted to an accused charged with robbery and snatch theft despite the trial being in progress.
Whether the gravity of the offence and existence of another charge preclude grant of bail.
3 provisions across 1 enactments
Biju.A.N.
State of Kerala
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
