IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 Bail Appl..No. 7577 of 2011() ----------------------------- CP.24/2011 of J.M.F.C.-I,THRISSUR CRIME NO.240/2002 OF CHERPU POLICE STATION THRISSUR DISTRICT .................... PETITIONER/ACCUSED : ---------------------- VASUDEVAN, S/O. MADHAVA PANICKER, CHEMBRE HOUSE, PATTIKARA DESOM, CHIRANELLUR, THRISSUR. BY ADV. SRI.SOORAJ T.ELENJICKAL SRI.K.NIRMALAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, CHERPU POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7577 of 2011 ---------------------------------------------- Dated this the 27th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.240 of 2002 of Cherpu Police Station, Thrissur District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The date of occurrence was on 01/07/2002. The petitioner was released on bail at the crime stage. After completing the investigation, charge sheet was filed on 14/06/2004. The case is now pending as C.P.No.24 of 2011. The petitioner never attended the court and therefore the committal proceedings could not be completed. The petitioner was arrested again on 25/07/2011 and he was remanded to judicial custody. The application for bail submitted by the petitioner was dismissed by the learned Magistrate as well as the learned Sessions Judge. Bail was refused to the petitioner on the ground that if he is released on bail, there is every chance of the petitioner making himself scarce. Bail Appln.No.7577/2011 : 2 : 4. In the peculiar facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage before the committal proceedings are over. The Judicial Magistrate of the First Class-I, Thrissur shall expedite the committal proceedings. Every endeavour will be made to complete the committal proceedings within a period of three months. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE skj