IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 Bail Appl..No. 7372 of 2009() ----------------------------- CC.824/2008 of JMFC-V, TVM CRIME NO.282/2007 OF VANCHIYOOR POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- SUMESH @ SURESH @ UNNI S/O. MOHAN SHIVALAYA VEEDU, ANAYARA MUKKATHU LANE, ANAYARA WARD, KADAKKAMPALLY VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.RAJESH P.NAIR RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7372 of 2009 --------------------------------------------- Dated this the 11th day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.C.No.824 of 2008 on the file of the court of the Judicial Magistrate of the First Class-V, Thiruvananthapuram. 2. The offences alleged against the petitioner are under Sections 379 and 201 of the Indian Penal Code. 3. The petitioner was granted bail by the court. However, he did not appear before court. He absconded. Originally, the case was taken on file as C.C.No.1147 of 2007. Since the petitioner absconded, the case was refiled as C.C.No.824 of 2008. It would appear that the petitioner was released on bail on two occasions and he did not appear thereafter. 4. In execution of the non bailable warrant, the petitioner was arrested and produced before court on 3.10.2009. The petitioner moved an application for bail which was dismissed by the learned Magistrate as per the order dated 13th November, 2009. It was noticed in the order that summons was issued to BA No.7372/2009 2 Cws 1 to 3 for their examination. The petitioner moved the learned Sessions Judge for bail. That application was dismissed by the order dated 4th December, 2009. The learned Sessions Judge directed the Magistrate to expedite the trial of the case and to dispose of the case within three months from the date of receipt of the order. 5. The learned counsel for the petitioner submitted that the petitioner is prepared to comply with any condition that may be imposed by the court. The orders passed by the court below would disclose that the petitioner was granted bail on two occasions and he did not appear thereafter before court. The petitioner was arrested in execution of the non bailable warrant. Now, the case is at the final stage of trial. Witnesses were summoned for examination. At this stage, if the petitioner is released on bail, the learned Magistrate would not be in a position to complete the trial and dispose of the case. The interests of the petitioner are protected by the directions issued to the learned Magistrate to dispose of the case expeditiously. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE csl