IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 Bail Appl..No. 7851 of 2008() ----------------------------- CRIME NO.234/98 OF MATHILAKAM POLICE STATION PETITIONER -------------------- THANKAPANDYAN, S/O. SUBBIYA THEVAR, 100C, NADUTHERUVU, VADAKKUPANAVADALI, SANKARAN KOVIL TALUK, TAMIL NADU, NOW RESIDING AT PARA DESOM, MARATHAKKARA, TRICHUR. BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT RESPONDENT(S): --------------- 1. THE STATION HOUSE OFFICER, MATHILAKAM POLICE STATION, 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7851 of 2008 ----------------------------------------- Dated this the 8th January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 454, 380, 461 read with 34 of the Indian Penal Code. According to prosecution, petitioner, along with first accused, committed house breaking and theft of huge quantity of gold ornaments and other articles. The incident occurred on 24.6.1998. 3. Learned Public Prosecutor submitted that petitioner was absconding for a very long time and after about nine years, he surrendered on 3.11.2008 before the court. The case was entered in the register of long pending cases in the year 2004 as L.P.No.7/2004. First accused is also now arrested and the charge sheet has been laid. Therefore, the case is ripe ofr trial and in case petitioner is released on bail, it is likely that he will abscond and he will not be available for trial and the trial will be protracted. Petitioner is a temporary resident in a place, which is notorious in inhibiting thieves and robbers. Learned Sessions Judge has observed that even police cannot have access to such a place and it is not easy to take any person into custody from such a place. 4. Learned counsel for petitioner submitted that petitioner is residing in Thrissur and his address is also that of Thrissur. Petitioner has not absconded, but he has surrendered on 3.11.2008 and he is prepared to abide by any condition and hence, bail may be granted, it is submitted. It is BA.7851/08 2 also submitted that petitioner is a cardiac person as evidenced by Annexure-III. 5. On hearing both sides and on perusing the order of the learned Sessions Judge, I am also satisfied that if petitioner is released on bail, it is likely that he will not be available for trial. The crime is of the year 1998 and the release of petitioner may protract the trial. However, in the light of the physical state of petitioner, it is essential that learned Magistrate disposes of the case as expeditiously as possible, taking into consideration the fact that it is a very old matter. 6. The learned Magistrate is directed to dispose of the case without any delay and as expeditiously as possible. In case there is any delay in disposal of the case, petitioner is at liberty to file a bail application before the Magistrate Court seeking bail, in which event, depending upon the stage of the case and other facts and circumstances of the case, petition shall be disposed of on merit, without any delay. Petition is dismissed. K.HEMA, JUDGE vgs.