IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 Bail Appl..No. 6219 of 2008() ----------------------------- CC.183/2002 of C.J.M.,KASARAGOD PETITIONER/ACCUSED -------------------------------------- C.M.SALEEM @ TIGER SALEEM, S/O.MUHAMMED, CHERAMKAI KADAPPURAM, ERIYAL, KUDLU VILLAGE, KASARAGOD. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENT(S): COMPLAINANT/STATE -------------------------------- STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. P.P. SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6219 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of October,2008 O R D E R Petition for bail. 2. The alleged offences are under sections 380, 457 and 461 IPC. Petitioner is the 1st accused in a bank burglary case. The incident occurred on 28-7-2001 and petitioner was granted bail. Thereafter, he failed to appear in the court and non-bailable warrant was issued against him. Petitioner was arrested on 4-8- 2008. He was remanded, dismissing the application for bail. Learned Magistrate found that petitioner was involved in other cases also of similar nature and if bail was granted, it is likely that he will again abscond and the proceedings will be prolonged to an indefinite period. Therefore, bail was rejected. 3. Learned counsel for petitioner submitted that petitioner was working abroad and that was the reason why he could not appear for trial. In the other cases, co-accused are already acquitted. Petitioner is prepared to abide by any condition and the trial is postponed from day to day and there is no progress in the trial and in such circumstances, he requests for bail. 4. On hearing both sides, on considering the pendency of other cases against petitioner and the long pendency of the present case and the likelihood of the petitioner again absconding, BA 6219/08 -2- I am satisfied that it is not fit to grant bail to petitioner at this stage. I fully agree with the learned Magistrate on this score. 5. However, learned Magistrate is directed to expedite the trial and dispose of the case without any delay. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.