IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Bail Appl..No. 1826 of 2008() ----------------------------- AGAINST THE ORDER DATED 11/10/2007 IN CMP. 2803 /2007 IN SC.1342/2007 of II ADDL. DISTRICT COURT, TRIVANDRUM CRIME NO.25 OF 2006 OF KAZHAKKOOTTAM POLICE STATION .................... PETITIONER : ACCUSED NO.1 ----------------------------- SURESH, S/O.SREENIVASAN THEKKEVILA VEEDU, NEAR KULATHOOR STATION KADAVU ATTIPRA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.SUJESH MENON V.B. SRI.JOSEPH P.ALEX RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1826 of 2008 ------------------------------------- Dated this the 7th day of April, 2008 ORDER By a detailed order dt.17.09.07 in B.A.5094 of 2207 an earlier application for regular bail filed by the petitioner who faces indictment for offences punishable, inter alia, under Section 302 r/w 120 B was dismissed by this Court with a direction that endeavour must be made by the Sessions Court for expeditious disposal of the case. This Court was not informed of the fact that the said directions were not complied with. The petitioner has now come before this Court on 17.03.08 with a grievance that he continues in custody from 18.04.07. He prays that regular bail may be granted to him now. All the other accused are on bail. In the order dt.17.09.07 there was an observation that if trial does not commence within a period of 6 months, the petitioner can come to this Court again to claim regular bail. It was specifically observed that such application for bail shall be considered on merit at that stage. 2. Report of the learned Sessions Judge was called for as to why trial has not commenced yet. Specific directions were issued that it must be ensured that the case is taken up for trial and disposed of as expeditiously as possible. I have now received B.A.No.1826 of 2008 2 report dt.3.4.08 from the Sessions Judge, Trivandrum wherein it is assured that the case has now been made over to a court which is sitting during the vacation and it is reported that the case shall be disposed of by 3.6.08. 3. The learned Public Prosecutor opposes the application most vehemently. He submits that release of the petitioner on bail would further protract the proceedings. The antecedents of the petitioner may be taken note of. He is involved in several other similar and grave crimes. It is further pointed out that the petitioner had been absconding for a long time and with great difficulty his presence could be obtained for trial. 4. I am totally dissatisfied that the Sessions Court, in spite of the specific direction issued on 17.09.08, did not take earnest efforts to get the case disposed of. A report of the learned Sessions Judge shall be obtained as to why such early disposal was not attempted by the court concerned. Necessary action, if any, to be taken shall be contemplated thereafter. Such report of the learned Sessions Judge must reach this Court within 3 weeks from this date. 5. I do however accept the report of the learned Sessions Judge that the Fast Track Court-I, Trivandrum has undertaken to B.A.No.1826 of 2008 3 dispose of the case within a period of two months from 03.04.08. I am satisfied, in these circumstances, that the petitioner does not deserve to be enlarged on bail. There shall be a specific direction to the Fast Track Court-I, Trivandrum to ensure that the case is disposed of as expeditiously as possible - at any rate, by 3.6.08 as undertaken by the learned Judge. Weekly report shall be submitted to the Court every Saturday, after the end of the days work by the learned Judge of the Fast Track Court-I about the progress made in the trial of the case. The Registry shall place the same before this Court. 6. This bail application is, in these circumstances, dismissed. I may however hasten to observe that if the case is not disposed of by 30.06.08, the petitioner shall be at liberty to approach this Court again for grant of regular bail. 7. Await the first report of the learned Sessions Judge. Call on 16.04.08. The Registry shall communicate the order immediately to the court concerned. (R.BASANT, JUDGE) rtr/- B.A.No.1826 of 2008 4 .BASANT, J ------------------------------------ B.A.No.1826 of 2008 ------------------------------------- Dated this the 28th day of March, 2008 ORDER The application is vehemently opposed by the learned Public Prosecutor. I am disappointed that in spite of specific directions issued earlier in order dated 17.09.07 in B.A.No.5094 of 2007, even the charge against the petitioner has not been framed so B.A.No.1826 of 2008 5 far. 2. Call for a report from the learned Sessions Judge. The learned Sessions Judge shall intimate to this Court the time that will be required for him to ensure that this case will be disposed of. The learned Sessions Judge shall make appropriate arrangements to ensure that trial proceeds and the matter is disposed of expeditiously after 04.04.08 to which date the case is now posted. Such report of the learned Sessions Judge, in consultation with the Sessions Court, before which the case is now pending, must reach this Court by 07.04.08. If necessary, the learned Sessions Judge shall ensure that the Judge concerned or any other court to which the case is made over, sits during the vacation and ensure the disposal of the case immediately. Await report of the learned Sessions Judge. Call on 07.04.08. (R.BASANT, JUDGE) rtr/-