IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 Bail Appl..No. 662 of 2008(C) ----------------------------- Cr.No.7/2008 of PAYYANNUR POLICE STATION : PETITIONERS/ACCUSED NO.1 & 2 --------------------------------------------- 1. CHAKLYAN SASI, S/O MALINGAN, AGED 26 YEARS, VELICHAM THODU, ALAPADAMBA AMSOM, PAYYANNUR, KANNUR DISTRICT. 2. VENU @ BASHEER, S/O KUNHAMBU, AGED 36 YEARS, KALIYADAN HOUSE, THIRUVATTOOR, PARIYARAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENTS: COMPLAINANT ------------------------ STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.662 of 2008 ------------------------------------- Dated this the 15th day of February, 2008 ORDER Application for regular bail. Petitioners face allegations in a crime registered under Sections 457 and 380 r/w 34 I.P.C. The alleged occurrence took place on the night of 04.01.08. The petitioners were arrested on 07.01.08. Investigation is complete. Final report has already been filed. Calendar Case has been registered and the case now stands posted to 15.02.08. 2. The learned Public Prosecutor opposes the application vehemently on the ground that the petitioners are habitual offenders, against whom several earlier convictions are there to their credit. In these circumstances, the learned Public Prosecutor prays that the petitioners may not be enlarged on bail and there may be a direction to the learned Magistrate to expeditiously complete the trial. 3. Report of the learned Magistrate was called for. The report dated 13.02.08 reveals that trial can be completed within a period of 3 months. 4. The learned counsel for the petitioners prays that the petitioners may not be kept indefinitely in custody. They may be B.A.No.662 of 2008 2 granted regular bail. They may not be compelled to languish in prison awaiting trial and disposal of the case finally, submits the learned counsel for the petitioners. 5. Having considered all the relevant circumstances, I find merit in the opposition by the learned Public Prosecutor. In the peculiar facts and circumstances of the case, I am satisfied that the report of the learned Magistrate, that the case shall be disposed of within a period of 3 months, can be accepted and this petition can be dismissed. 6. This bail application is, in these circumstances, dismissed. It is directed that the learned Magistrate must make every endeavour to dispose of the case as expeditiously as possible - at any rate, by 15.05.08. Compliance shall be reported to this Court. If the case is not disposed of by 31.05.08, the petitioners shall be at liberty to approach this Court or court below. 7. Communicate the order to the learned Magistrate. (R.BASANT, JUDGE) rtr/-