IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 Bail Appl..No. 7395 of 2008() ----------------------------- CRIME NO.83/2003 OF PANNIYANKARA POLICE STATION, NOW PENDING AS CC NO.260/2006 BEFORE JFCM-III, KOZHIKODE PETITIONER/ACCUSED -------------------------------------- SELVARAJ M.C. @ SELVAN, S/O.M.C.RAJAN, AGED 42 YEARS, SHUBHALAYAM HOUSE, KAMBURAM BEACH, CALICUT. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PANNIYANKARA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7395 of 2008 --------------------------------------------- Dated this the 9th December, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 379 read with Section 34 IPC. According to prosecution, petitioner along with two other accused committed theft of a motor car from the porch of the house of defacto complainant. The incident occurred on 23.4.2003 and the crime was registered on 24.4.2003. Petitioner was arrested on 26.6.2008 and he is in custody since then. 3. Learned counsel for petitioner submitted that petitioner is treated in Government Ayrveda College Hospital at Pariyaram, as per the direction from this Court. He got paralysed of his limbs due to a road traffic accident, which occurred in the year 2007 and hence, he cannot walk without the help of other persons. Therefore, he may be granted bail, it is submitted. 4. This petition is opposed. Learned public prosecutor pointed out that petitioner is absconding since 2003 and he could be arrested only in the year 2008. He is in custody from 26.6.2008 and the trial is in progress. Only four witnesses remained to be examined. At this stage, if he is released on bail, it is likely that he BA No.7395/2008 2 will not be available for trial and the trial will be protracted. It is also submitted that petitioner is also involved in another crime of similar nature. 5. On hearing both sides, I am satisfied that in case petitioner is released on bail, he will not be available for trial and the trial will be protracted. I also find from Annexure G order dated 8.8.2008 in W.P.(C) No.22506/2008 filed by petitioner's wife that this Court had directed to give appropriate ayurvedic treatment at Government Ayurveda College Hospital, Paryiyaram at the expense of petitioner and the treatment is being given. In such circumstances, I do not find it fit to grant bail to petitioner at this stage. Learned Magistrate is directed to dispose of the case without any delay particularly, taking into consideration, the peculiar physical state of petitioner. If the petitioner is so advised, he may move an application for bail before the trial court itself, and depending upon the nature of evidence already adduced, the trial court shall dispose of the bail application, if any filed, on merit. With this direction, petition is dismissed. K.HEMA, JUDGE csl