IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 Bail Appl..No. 597 of 2010() ---------------------------- CC.NO.982/02 OF JFMC II ALUVA, CRIME NO.308/00 OF KALAMASSERY POLICE STATION .................... PETITIONER/ACCUSED : --------------------------------- VELUCHAMI S/O.SUBHYYAPANDIAN, NEAR VADAKKUTHERUVKULAM, PANAVADALISATHRAM VILLAGE SANKARANKOVIL TALUK, THIRUNELVELI DISTRICT. BY ADV. SRI.MATHAI VARKEY MUTHIRENTHY RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP.BY S.I. OF POLICE, KALAMASSERY THROUGH PUBLIC PROSECUTOR. HIGH COURT OF KERALA PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/02/2010, ALONG WITH B.A.NO.598/2010 AND OTHERS, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------------------- B.A.Nos.597, 598, 599, 600, 601, 602, 603, 604, 605, 606 & 621 of 2010 --------------------------------------------- Dated this the 8th day of February, 2010 ORDER When these Bail Applications came up for hearing on 3.2.2010, the following order was passed: “The learned Sessions Judge, while dismissing eleven Bail Applications filed by the petitioner, as per the order dated 22.12.2009, had directed the learned Magistrate to dispose of the cases at the earliest and at any rate within five months from the date of receipt of a copy of the order. 2. The crimes relate to the year 2000-2002. It is stated that the petitioner was granted bail at the crime stage. The counsel submits that thereafter the petitioner did not receive any summons. It is stated that non-bailable warrant was issued and steps were taken under Sections 82 and 83 of the Code of Criminal Procedure. While so, the petitioner surrendered before Court on 24.3.2009. He is in judicial custody since then. 3. The main grievance of the petitioner is that in spite of the direction issued by the Sessions Court, summons was issued only in four cases and that no summons have been issued to the witnesses in the other seven cases, in spite of a specific request having been made by the learned counsel for the accused. 4. The learned Magistrate shall submit a report stating the following details in C.C.Nos.994 of 2002, 982 of 2002, 552 of 2002, 225 of 2009, 226 of 2009, 1014 of 2002, 591 of 2002, 549 of 2002, 476 of 2002, 644 of 2002 and 224 of 2009: 1) How many witnesses were summoned in each case; 2) The dates of posting of the cases for examination of BA No.597/2010 & conn. cases 2 the witnesses. The report shall be filed at the earliest. Post on 8th February, 2010.” 2. The Judicial Magistrate of the First Class-II, Aluva submitted a report dated 6.2.2010 to this Court. The report reads as follows: “REPORT SUBMITTED BEFORE THE HON'BLE HIGH COURT OF KERALA IN B.A.NO.598/2010 IN C.C.994/2002 AND OTHER CONNECTED CASES In compliance of the order dated 3.2.2010 in B.A.No.598/2010 of the Hon'ble High Court of Kerala the following detailed report is submitted by the Judicial I Class Magistrate-II, Aluva for kind perusal and necessary orders. ------------- No. of witnesses examined so far and the No. of witnesses to whom summons have been issued are as follows:- -------------------------------------------------------------------------------------------- 1 2 3 4 5 -------------------------------------------------------------------------------------------- Sl. Case No. How many Date of Examination of No. witnesses Posting C.Ws summons were or NBW issued examined to 9.2.2010 -------------------------------------------------------------------------------------------- 1. C.C.476/02 3 9.2.2010 Summons to CW10 2. C.C.644/02 3 -do- Summons to CW4 to 6 3. CC.1014/02 1 -do- N.B.W. to CW3 to 5 BA No.597/2010 & conn. cases 3 4. C.C.224/09 - -do- Summons to CW1 & 2 5. C.C.552/02 - -do- Nil 6. C.C.549/02 - -do- Nil 7. C.C.591/02 - -do- Nil 8. C.C.994/02 - -do- Nil 9. C.C.982/02 - -do- Nil 10. C.C.225/09 - -do- Nil 11. C.C.226/09 - -do- Nil -------------------------------------------------------------------------------------------- Approximately 4 to 5 witnesses in all the above cases are common witnesses, they are Finger print Expert and the persons from whom recovery was effected and the witnesses to the seizure mahazars and Investigating Officers. Hence once the examination of the occurrence witnesses are over it is planned that these common witnesses are summoned towards the second half of the month of March so that the examination could be completed within 1 month from then on. Moreover 3 other co-accused in these cases still remain at large. Coercive steps have been taken and Commissioner of Police, Ernakulam have been requested to enforce the warrant against them. The execution of the N.B.W. and steps under Section 82 and 83 Cr.P.C. are to be reported to this court by the first week of March. At present the case stands posted to 9.2.2010 and is scheduled to issue summons to the occurrence witnesses in all the cases with a well planned schedule for examination of the witnesses. It is submitted for BA No.597/2010 & conn. cases 4 kind information that the order of the Hon'ble Sessions Court dated 22.1.2010 was received in this court on 23.1.2010. As per the same this court is directed to dispose of the cases at the earliest and in any case within 5 months from the date of receipt of the copy of the order in this court. As per the same the disposal of these cases shall not go beyond a date later than 22.6.2010. Hence, it is humbly submitted that this court is making all efforts to dispose of the cases at the earliest in compliance of the order of the Hon'ble Sessions Court, Ernakulam.” The learned counsel for the petitioners seeks leave of the court to withdraw the Bail Applications. Permission is granted. The Bail Applications are accordingly dismissed as withdrawn. K.T.SANKARAN, JUDGE csl