IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 Bail Appl..No. 7962 of 2007() ----------------------------- CC.764/2007 of C.J.M.,KOZHIKODE CRIME NO.209/2007 OF NADAKKAVU POLICE STATION .................... : PETITIONER/ACCUSED NO.1: ----------------------------------------- MUHAMMED NISSAR @ NISSAR, S/O.ABU, AGED 27 YEARS, ABU NIVAS, CHAKKUMKADAVU, PANNIYANKARA AMSOM, DESOM, KOZHIKODE. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/01/2008, ALONG WITH BA NO. 7978 OF 2007 BA NO. 7963 OF 2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.Nos.7962, 7963 & 7978 of 2007 ---------------------------------------- Dated this the 7th day of January 2008 O R D E R These applications are filed by the petitioner who is the first accused in crimes registered under Sections 379 and 392 I.P.C. The identical allegation against the petitioner in all the three cases is that he, travelling on a motor cycle along with the co-accused, had snatched the gold chains worn by the victims. The petitioner was arrested on 2/8/2007. He continues in custody from that date. 2. The learned counsel for the petitioner prays that the petitioner may be enlarged on bail subject to appropriate terms and conditions. 3. The learned Public Prosecutor vehemently opposes the application. The learned Public Prosecutor submits that the petitioner has criminal antecedents and release of the petitioner on bail would result in the petitioner not being available for trial thereafter. The learned Public Prosecutor further submits that investigation is complete in all the three cases and trial has commenced/about to commence in these cases. B.A.Nos.7962 & conn.cases 2 4. In the nature of the dispute, a report of the learned Magistrate was called for. The learned Magistrate in the report has submitted that all the three cases can be disposed of within a period of two months from the date of the report, that is 03/01/2008. 5. I find merit in the opposition by the learned Public Prosecutor. I am satisfied that the proper order that can be passed in the circumstance of this case is to direct the learned Magistrate to dispose of the three cases against the petitioner as expeditiously as possible at any rate by 3/3/2008 as undertaken by the learned Magistrate. 6. These petitions are in these circumstances dismissed but with the above directions. I may hasten to observe that if these cases are not disposed of by 15/3/2008, the petitioner shall be at liberty to move this court for bail again thereafter. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.Nos.7962 & conn.cases 3 B.A.Nos.7962 & conn.cases 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007