IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 Bail Appl..No. 5981 of 2008() ----------------------------- AGAINST THE ORDER DATED / / IN CRMP2804/2008 IN SC.669/2001 of ADDITIONAL DISTRICT & SESSIONS COURT FAST TRACK COURT-I, THIRUVANANTHAUPRAM. PETITIONER/ ACCUSED NO.19 --------------------------------------------- BINU, S/O.PONNAYYAN NADAR, KARIPPUKALY ROADARIKATHUVEEDU, VELLARADA DESOM,VELLARA VILLAGE NOW RESIDING AT KADU VADAKKATHIL, MUZHAGODI, THODIYOOR.P.O, KARUNAGAPPILLY. BY ADV. SRI.R.GOPAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED VIA PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 5981 of 2008 --------------------------------------------------- Dated this the 26th day of September, 2008. ORDER The alleged offences are under Sections 143, 147, 148, 332, 324, 326, 427, 435 and 307 read with Section 149 of IPC. According to prosecution, 31 persons formed into an unlawful assembly and committed various offences. 2. Petitioner is accused no.19 in the crime. Learned counsel for the petitioner submitted that petitioner was not aware of the pendency of the case, since he did not receive any summons. The petitioner was arrested by the police and produced before court pursuant to a non-bailable warrant issued by the court and the petitioner was remanded to custody. It was also submitted that the co- accused are already acquitted after trial and as per the judgment the credibility of the prosecution case is suspected. Therefore, there is every chance for acquittal of the accused. Hence, bail may be granted, it is submitted. 3. This petition is opposed. The incident took place in the year 1994. Fourteen years have elapsed. Petitioner was absconding [B.A.No.5981/08] 2 for a very long time and the trial could not be proceeded with, against him. 4. I am satisfied that it will not be possible to dispose of the case if the petitioner is granted bail. Hence, it is not a fit case to grant bail since trial is likely to be protracted, if bail is granted. The Court concerned shall expedite the proceedings and conclude trial at the earliest, without any delay. With this direction, this petition is dismissed. K. HEMA, JUDGE. Krs.