IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 Bail Appl..No. 896 of 2008() ---------------------------- CRMP.1132/2008 of C.J.M.,KOLLAM CRIME NO.42/07 OF RAILWAYS POLICE STATION, KOLLAM .................... PETITIONER : 1ST ACCUSED: ----------------------------- MUHAMMED HASNIEN @ JADEB, S/O.MOHAMMED TRIJAM, MURADER TOLA ILLAGE, GOURA PANCH PANCHAYATH, TEGURA P.O., BEHUASARAI DISTRICT, BIHAR. BY ADV. SRI.AJAYA KUMAR. G RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/02/2008, ALONG WITH BA NO. 897 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.Nos. 896 & 897 of 2008 ------------------------------------- Dated this the 29th day of February, 2008 ORDER These applications for regular bail are filed by the common petitioner who faces allegations for offences punishable, inter alia, under Sections 379 and 328 I.P.C. The petitioner along with co- accused was allegedly involved in several crimes including these 2 crimes. The modus allegedly adopted by the petitioner and his co-accused was to travel in trains pretending to be bona fide long distance passengers. In the course of the journey, they picked up and developed friendship with other passengers. Conveniently intoxicants are administered to such persons and they are subjected to theft. Costly articles of such co passengers are thieved by this modus by the petitioner and his cohorts. The crimes in these cases were committed on 15.11.07 and 9.12.07. The petitioner was arrested and continues in custody from 20.12.07. 2. In one case ie. Crime 40 of 2007, final report has already been filed and cognizance has been taken by the learned Magistrate. In Crime 42 of 2007, investigation is not complete yet. B.A.Nos. 896 & 897 of 2008 2 3. The learned counsel for the petitioner prays that the petitioner may be enlarged on bail in these cases. The learned Public Prosecutor vehemently opposes the application. The petitioner is a person hailing from Bihar. He is involved in several other crimes. If the petitioner were enlarged on bail, he is unlikely to be available for trial. Considering the nature of the allegations also, there is every possibility of the crimes being repeated on release of the petitioner. There is urgent necessity to expeditiously complete the investigation and trial. In these circumstances the petitioner may not be granted regular bail in these cases, submits the learned Public Prosecutor. 4. Having considered all the relevant circumstances, I find merit in the opposition by the learned Public Prosecutor. I agree with the learned Public Prosecutor that the petitioner cannot be enlarged on bail at this stage. Report of the learned Magistrate was called for and the learned Magistrate reports that the court needs 6 months' further time to complete trial in the case which is filed as per the final report in Crime 40 of 2007. 5. I am, in these circumstances, satisfied that these petitions only deserve to be dismissed, but appropriate directions can be issued to the investigator as well as the court before whom B.A.Nos. 896 & 897 of 2008 3 these matters are pending for expeditious completion of the proceeding against the petitioner. 6. These bail applications are, in these circumstances, dismissed. The learned Chief Judicial Magistrate, Kollam is directed to ensure that C.C.42 of 2007 is taken up for trial forthwith and is disposed of as expeditiously as possible - at any rate, within a period of 4 months from the date on which a copy of this order is received. 7. The Registry shall forthwith communicate the order to the learned C.J.M, Kollam. Compliance shall be reported to this Court. If the case against the petitioner is not disposed of by 15.07.08, the petitioner shall be at liberty to approach this Court again for bail. 8. The investigation in Crime 42 of 2007 shall be completed by the investigator as expeditiously as possible. (R.BASANT, JUDGE) rtr/-