IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 Bail Appl..No. 5258 of 2008() ----------------------------- CRIME NO.314/06 OF MANNAR POLICE STATION PETITIONER : 1ST ACCUSED: ----------------------------- SUBHASH, KARIYIL KIZHAKKETHIL VEEDU, KUTTAMPEROOR MURI, MANNAR VILLAGE. BY ADV. SMT.A.SALINI LAL RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTED BY S.I. OF POLICE, MANNAR. BY PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.5258 of 2008 ----------------------------------------- Dated this the 1st September, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 341, 308 and 324 read with 34 of Indian Penal Code. According to prosecution, the petitioner, along with accused 2 to 4, assaulted the de facto complainant in furtherance of a common intention and this offence was committed on 27.11.2006. 3. Petitioner was arrested about one year back in connection with another crime and he was remanded. He was produced in this case on production of warrant. The case against him is pending before the Assistant Sessions Judge, Chengannur as S.C.No.165/08. 4. Learned counsel for petitioner submitted that the petitioner was in jail for the past about one year and hence, he may be released on bail. It is submitted that the petitioner is granted bail in all other cases, except this case. 5. This petition is opposed. Learned Public Prosecutor submitted as per the instruction that the petitioner involved in 26 other cases of similar nature and he is in judicial custody in two other cases, namely, SC.458/06 and SC.505/06 before the Assistant Sessions Court, Chengannur. Learned Assistant Sessions Judge has BA.5258/08 2 rejected bail to the petitioner, taking into account the fact that the petitioner is a habitual offender and also that he is likely to abscond. I find no reason to come to a different view. However, it is made clear that if a request is made for early disposal of the case, the learned Assistant Sessions Judge shall dispose of the case as expeditiously as possible and at any rate, within three months from today. With these observations, this petition is dismissed. K.HEMA, JUDGE vgs.