IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 Bail Appl..No. 7574 of 2011() ------------------------------------- SC.279/2011 of ADDITIONAL DISTRICT COURT (ADHOC), THRISSUR AGAINST THE JUDGEMENT/ORDER IN BA.3391/2011 .................... PETITIONER/2ND ACCUSED : ------------------------------------------ JAIN JOSEPH, S/O.JOSE, CHALISSERY VALAPPILA HOUSE, OLLUR GRAMODHARANAM DESOM, OLLUR VILLAGE, THRISSUR. BY ADV. SRI.JIJO PAUL RESPONDENT/STATE : --------------------------------- STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, PEECHI POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI. V. MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ln K.T.SANKARAN, J. --------------------------------- B.A.No.7574 OF 2011 --------------------------------- Dated this the 22nd day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The Petitioner is the accused in Crime No.308 of 2009 of Peechi Police Station. The case is now pending as Sessions Case No.279 of 2011 on the file of the Additional District and Sessions Judge, Fast Track Court No.1, Thrissur. 2. The petitioner was initially arrested on 9.8.2009 during the crime stage, and he was granted bail. However, he absconded. He was involved in another abkari offence as well. Subsequently, the petitioner was arrested in connection with the other case and he was produced before the court on production of warrant in the present case on 27.11.2010. 3. B.A.No.3391 of 2011 filed by the petitioner was dismissed by this court by the order dated 6.5.2011. Even B.A.No.7574 OF 2011 2 thereafter, a Jail Petition was filed and it was also dismissed. The petitioner has filed this Bail Application for the grant of bail. The allegation against the petitioner is that the petitioner was found transporting 350 litres of spirit. 4. The case was posted for trial on 16.7.2011. It is stated that the witnesses were not present on that day. In the facts and circumstances of the case, it is just and necessary to issue a direction to the Sessions Judge to expedite the trial of the case in SC No.279 of 2011. If the trial is not over before 15th November, 2011, the petitioner shall be released on bail by the learned Sessions Judge on such conditions as may be found just and necessary. The Bail Application is disposed of as above. K.T.SANKARAN, JUDGE. cms