Bail application dismissed under Sec. 379 IPC. Refusal based on the accused's residence in Tamil Nadu, remote possibility of securing her for trial, and the Magistrate's ability to dispose of the case quickly.
Bail application dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
THURSDAY, THE 20TH DAY OF FEBRUARY 2014/1ST PHALGUNA, 1935
Bail Appl..No. 901 of 2014 () -----------------------------CMP 323/2014 of J.M.F.C.-I, ATTINGAL CRIME NO.35/2014 OF ATTINGAL POLICE STATION, THIRUVANANDAPURAM
PETITIONER/ACCUSED :-
MURUKAMMA, AGED 39 YEARS, D/O.PECHIYAMMA, DOOR NO.13, SAROGA COLONY CHAYAKKADA MUKKU, PALAKKADU VILLAGE PALAKKAD DISTRICT. HAVING PERMANENT ADDRESS AT : OLD NO.763, NEW NO.13, WARD 8, STREET No.1 GANDHI NAGAR, SATTUR, SATTUR TALUK VIRUDUNAGAR DISTRICT, TAMILNADU, PIN-626 203.
BY ADV. SRI.G.SUDHEER
RESPONDENT/STATE :-
STATE OF KERALA RTEPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-02-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
jvt
N.K.BALAKRISHNAN, J.
B.A. No.901 of 2014
Dated this the 20th day of February 2014
O R D E R
Petitioner is the accused in Crime No.35/2014 of Attingal Police Station. The offence alleged against her is punishable under Sec.379 of IPC. It is alleged that the accused committed theft of a mobile phone worth Rs.2,000/and currency notes worth Rs.200/- while the complainant was travelling in a bus.
B.A. No.901 of 2014
-: 2 :-
the accused hails from other States, who are hired for the purpose of committing theft, abscond after they are released on bail. I am not entering into those aspects. Since the possibility of getting the accused for trial is very remote and since the learned Magistrate can dispose of the case at the earliest, I am not inclined to grant bail to the petitioner. It is hence, dismissed.
The learned Magistrate will make every effort to see that the case is disposed of at the earliest.
Sd/N.K.BALAKRISHNAN,
JUDGE.
//True Copy//
P.A. To Judge
Jvt
2 issues framed by the court
Whether bail should be granted to the accused who is from another state and where securing her for trial is considered remote.
Whether the possibility of absconding and the remote likelihood of trial justify refusing bail in a theft case.
1 provisions across 1 enactments
Murukamma
State of Kerala
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
