Jyothi v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 30TH DAY OF JANUARY 2015/10TH MAGHA, 1936 Bail Appl..No. 527 of 2015 () ------------------------------ Crl.MP 473/2015 of J.M.F.C.,VARKALA CRIME NO. 94/2015 OF VARKALA POLICE STATION , THIRUVANANTHAPURAM PETITIONERS/ACCUSED NO. 1 TO 4:
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1. JYOTHI, AGED 30 YEARS D/O.RAJESWARI, DOOR NO. 114, THOOTHUKUDI KANYAKUMARI.
2. KASTHOORI, AGED 27 YEARS D/O.VELLAYAMMA, KUMARAPALAYAM, DOOR NO. 14 THOOTHUKUDI, KANYAKUMARI.
3. NANDINI, AGED 25 YEARS D/O.REJESWARI, DOOR NO. 114, THOOTHUKUDI KANYAKUMARI.
4. MARI, AGED 24 YEARS D/O.VELLAYAMMA, KUMARAPALAYAM, DOOR NO. 14 THOOTHUKUDI, KANYAKUMARI.
BY ADVS.SRI.K.S.ARUN KUMAR SMT.RESMI THOMAS RESPONDENT/COMPLAINANAT:
------------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
R BY PUBLIC PROSECUTOR, SMT.LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.KEMAL PASHA, J.
- - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - B.A.No.527 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of January 2015
ORDER
Petition filed under Section 439 Cr.P.C.
2.
Petitioners are the accused in Crime No.94/2015 of Varkala Police Station, Thiruvananthapuram district registered for the offence punishable under Section 379 of the Indian Penal Code.
3.
The allegation against the petitioners is that on 13.1.2015 at 12.30 p.m., while the de-facto complainant was travelling by a bus, the petitioners were also present in the bus with the intention of committing pick pocketing and they committed theft of an amount of Rs.2,000/- from the shoulder bag of the defacto complainant, after creating a false rush in the bus. The petitioners have been in custody for the period from 13.1.2015 onwards.
B.A.527/2015
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned Public Prosecutor has pointed out that the petitioners are the accused in two other crimes; namely, crime No.36/2015 of Attingal police station registered for the offence under Section 379 read with Section 34 of the Indian Penal Code and crime No.103/2015 of the same police station registered for the same offence. The petitioners, being persons hailing from Tamil Nadu, who are the habitual offenders involved in a series of theft cases, I am of the view that the petitioners cannot be enlarged on bail.
6.
In the result, this Bail Application is dismissed. Sd/- B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge