IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 Bail Appl..No. 5685 of 2008() --------------------------------------- CRIME NO.42/2007 OF RAILWAY POLICE STATION, KOLLAM ..... PETITIONER/2ND ACCUSED --------------------- MUHAMMAD HUSNIEN @ JADAV, S/O.MOHAMMED TRIJAM, MURADER TOLA ILLAGE, GOURA PANCH PANCHAYATH, TEGURA P.O. BHUASARAI DISTRICT, BIHAR. BY ADV. SRI.P.SREEKUMAR RESPONDENTS: COMPLAINANT ------------------------ 1. SUB INSPECTOR OF POLICE, RAILWAY POLICE STATION, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5685 of 2008 ------------------------------------------------- Dated this the 16th day of September, 2008 O R D E R This petition is for bail. 2. Petitioner is the second accused in the crime. He along with another accused allegedly gave biscuits containing poison to the passengers in the train and when they became unconscious, they committed theft. Petitioner was arrested on 20.12.2007 and he is in custody since then. 3. Learned counsel for the petitioner submitted that taking into consideration the long period of detention, he may be released on bail. 4. This petition is opposed. Learned public prosecutor submitted that the petitioner is involved in various other similar crimes through out India. Petitioner belongs to State of Bihar and in case, the petitioner is released on bail, he is likely to abscond and he will not be available for trial, it is submitted. It is also pointed out that in another crime, a direction was issued by this Court to expedite the trial. 5. On hearing both sides, I find that it is not fit to grant BA No.5685/08 2 bail to the petitioner, since I am satisfied that he will not be available for trial, if he is released on bail. Petitioner may move the trial court for expediting the trial, if so he advised. The petition is dismissed. K.HEMA, JUDGE csl