IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Bail Appl..No. 7793 of 2007() ----------------------------- CRIME NO. 226/97 OF MEDICAL COLLEGE POLICE STATION CMP.5351/2007 of J.M.F.C.-I,KOZHIKODE .................... PETITIONER/ACCUSED ----------------------------------- SUNIL KUMAR, S/O.CHANDRAN, AGED ABOUT 58 YEARS, PANDARAPARAMBATH HOUSE, KOTTOLIL, KOZHIKODE. BY ADV. SRI.JIJI THOMAS SMT.SMITHA JIJI PAMBACKAL RESPONDENTS: COMPLAINANT AND STATE ---------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 7793 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of January, 2008 O R D E R Application for regular bail. The petitioner faces indictment in a prosecution under Section 379 I.P.C. The crime was registered as early as in 1997. The petitioner was absconding and he was not available for trial. Therefore the case against him has been transferred to the list of long pending cases. He was apprehended later on 18.9.2007 and he continues in custody. 2. The learned counsel for the petitioner submits that the petitioner is innocent. He has remained in custody from 18.9.2007. Subject to any appropriate conditions the petitioner may be enlarged on bail. He may not be left to endure the trauma of undeserved further detention pending trial, it is submitted. 3. The learned Prosecutor opposes the application. If the petitioner were released from custody it is unlikely that he will B.A.No. 7793 of 2007 2 be available for trial. Past experience must eloquently remind the court of such consequences, submits the Prosecutor. 4. Report of the learned Magistrate was called for. In the report dt.21.12.2007 the learned Magistrate undertakes that the trial can be completed within a period of one month. I am satisfied in these circumstances that the petitioner does not deserve to be enlarged on bail. I am satisfied that accepting the submissions of the learned Magistrate, this application can now be dismissed. 3. This application is accordingly dismissed. I may however hasten to observe that if the case against the petitioner is not disposed of by 4.2.2007, the petitioner shall be at liberty to approach this Court for bail again. (R. BASANT) Judge tm B.A.No. 7793 of 2007 3 R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 7793 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of December, 2007 O R D E R Application for regular bail. It is submitted that the allegations relate to snatching of a gold chain. The crime was registered in 1997. The petitioner was not available for trial. He was absconding. He has now been arrested on 18.9.2007. Trial is in progress, it is submitted. 2. Call for a report from the learned J.F.C.M.-I, Kozhikode about the stage of the case and the possible time that will be required for finally disposing of the case. Such report must reach this Court by 24.12.2007. 3. Call on 14.12.2007. (R. BASANT) Judge tm