IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 Bail Appl..No. 2847 of 2009() ----------------------------- CC.5/2009 of J.M.F.C.-III,TRIVANDRUM CRIME NO.450/08 OF THAMPANOOR POLICE STATION PETITONER/ACCUSED: -------------------------------------- PRAKASH, S/O.RAJENDRAN, T.C.16/1112, KURUKKUVILAKOM, KANNETTUMUKKU, JAGATHY, THYCAUD P.O. THIRUVANANTHAPURAM. BY ADV. SRI.C.K.MOHANAN RESPONDENT(S): COMPLAINANT: --------------------------- SUB INSPECTOR OF POLICE, THAMPANOOR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 2847 of 2009 ----------------------------------------- Dated this the 2nd June, 2009 O R D E R Petitioner is the accused in C.C.No.5/09 pending before the Judicial Magistrate of First Class-III, Thiruvananthapuram in Crime No.450 of 2008 of Thampanoor Police Station. 2. The offences alleged against the petitioner are under Sections 452, 294(b), 323, 324, 392 and 427 of the Indian Penal Code. 3. According to prosecution, the incident occurred on 8.10.2008. The petitioner was arrested on 10.12.2008. He is in judicial custody. Bail application moved by him before the Vacation Judge, Thiruvananthapuram was dismissed by order dated 18th May, 2009. 4. Normally when the petitioner is in judicial custody since 10.12.2008 and when charge is laid, the question of granting bail will be considered liberally. But, in the case on hand, the petitioner is involved in four other cases, which are BA.2847/09 2 pending before the Judicial Magistrate of First Class-III, Thiruvananthapuram. He is also an accused in C.P.45/2008 where the offence includes Section 307 IPC. It is submitted by learned Public Prosecutor that the petitioner was detained under the Kerala Anti Social Activities (Prevention) Act, 2007. Learned Public Prosecutor further submitted that the petitioner is a known goonda of the locality and if he is released on bail, the life of the people of the locality would be miserable. Learned Public Prosecutor also submitted that the trial had already commenced, but it could not be completed for want of time. 5. In the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. However, the court below shall complete the trial in C.C.No.5/09 at the earliest and at any rate, within a period of three months. The bail application is dismissed. Communicate a copy of this order to the Court of Judicial Magistrate of First Class-III, Thiruvananthapuram. K.T.SANKARAN, JUDGE vgs.