IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 Bail Appl..No. 7702 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.5545/2008 Dated 16/09/2008 SC.55/2004 of ADDL. DISTRICT COURT, PARAVUR CRIME NO.217/2001 OF THRIKKAKARA POLICE STATION PETITIONER (S): ACCUSED NO. 1 AND 2 --------------------------------------- 1. JOHNEY, S/O. JOSEPH, KALLARACKAL HOUSE, VATTEKKUNNAM, NEAR SCHOOL PARAMBU BHAGOM, EDAPPALLY. 2. PRASANNAN, S/O. KUNJAPPAN, THEERATHU VEEDU, FACTORY COLONY, S. KALAMASSERY, THRIKKAKARA. BY ADV. SRI.MATHAI VARKEY MUTHIRENTHY RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, KALAMASSERY, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7702 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of January,2009 O R D E R Petition for bail. 2. The alleged offences are under sections 143, 147, 148 and 302 read with section 149 IPC. Petitioners are accused 1 and 2 in S.C. no.55/2004. They are in custody from 21-7-2008 and 27-4-2007 respectively. 3. Learned counsel for petitioners submitted that there is no progress in the trial and hence petitioners may be granted bail. It is submitted that as per earlier orders passed by this Court in B.A.nos.5527 and 5545 of 2008 (vide Annexures-A1 and A2) this Court directed to dispose of the case within a period of three months and the said time expired on 16-12-2008. Still the trial has not been completed. Hence, petitioners may be granted bail, it is submitted 4. This petition is strongly opposed. Learned Public Prosecutor submitted that petitioners were absconding and if they are released on bail, they will not be available for trial. It is also submitted that the trial has already been scheduled to 6-1- 2009 and bail may not be granted at this stage. 5. On hearing both sides and on perusing the Annexures- A1 and A2, proceeding sheet and report of the learned BA 7702/08 -2- Additional Sessions Judge in the matter, I am satisfied that if bail is granted to petitioners, they will not be present for trial, since they were absent on many occasions for trial. Since trial has already been scheduled to 6-1-2009, I am not inclined to grant bail at this stage. 6. Learned Additional Sessions Judge shall dispose of the case as expeditiously as possible. This petition is dismissed. K.HEMA, JUDGE. mn.