IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 Bail Appl..No. 7017 of 2009 CRIME NO.763 OF 2009 OF CHERANELLOOR POLICE STATION, ERNAKULAM. PETITIONERS/ACCUSED NOS.1 TO 3: --------------------------------------- 1. HEERA BASSAK, AGED 22 YEARS, S/O.ANAND BASSAK, ANDHERIA VILLAGE, UTHAR DISNAPUR DISTRICT, WEST BENGAL. 2. KRISHNA BASSAK, AGED 30 YEARS, S/O.BABU BASSAK, ANDHERIA VILLAGE, UTHAR DISNAPUR DISTRICT, WEST BENGAL. 3. PORESH MOHATHO, AGED 40 YEARS, S/O.BINOY MOHATHO, ANDHERIA VILLAGE, UTHAR DISNAPUR DISTRICT, WEST BENGAL. BY ADV. SRI.M.K.NOUSHAD RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 31. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7017 OF 2009 ------------------------------------------------------ Dated this the 1st day of December, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 3 in Crime No.763 of 2009 of Cheranelloor Police Station. 2. The offences alleged against the petitioners are under Sections 341, 307 and 201 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 28.8.2009. The allegation is that the petitioners, who belong to West Bengal, attempted to commit murder of their own colleague, by stabbing the victim while he was sleeping. The petitioners were arrested on 29.8.2009 and they were remanded to judicial custody. 4. The learned Sessions Judge dismissed the application for bail submitted by the petitioners mainly on the ground that if they are B.A. NO. 7017 OF 2009 :: 2 :: released on bail, there is every likelihood of their absconding and making themselves scarce. The learned Sessions Judge also observed that the trial of the case can be expedited. A direction was issued to the learned Magistrate to commit the case to the Sessions Court at the earliest so as to expedite the trial of the case. 5. Taking into account the facts and circumstances of the case, the fact that the petitioners belong to West Bengal and that there is every likelihood of the petitioners being not available for trial, I am not inclined to grant bail to the petitioners at this stage. However, the learned Magistrate shall complete the committal proceedings at the earliest and on committal, the learned Sessions Judge shall dispose of the Sessions Case giving top priority to the case. The Bail Application is accordingly dismissed with the above directions. (K.T.SANKARAN) Judge ahz/