IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1779 of 2008() ----------------------------- SC.760/2005 of ADDL. DISTRICT COURT(ADHOC 2), THRISSUR CRIME NO.570/04 OF MANNUTHY POLICE STATION, THRISSUR .................... PETITIONERS : ACCUSED ------------------------ 1. SULAIMAN, S/O.USSAINAR KOZHIPALAM HOUSE, VAVULLIAPURAM, PALAKKAD DISTRICT 2. SAIDU MOHAMMED, S/O.USSAINAR, DO. DO. BY ADV. SRI.JOHNSON P.JOHN SRI.BABY MATHEW RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SUB INSPECTOR OF POLICE MANUTHY POLICE STATION, THRISSUR DISTRICT. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1779 of 2008 ------------------------------------- Dated this the 26th day of March, 2008 ORDER The learned counsel for the petitioners is unable to explain what transpired on 24.03.08. 2. This application is for regular bail. The petitioners face indictment in a prosecution for offences punishable, inter alia, under Section 302 I.P.C. The petitioners were enlarged on bail. But in the course of trial they started absconding and this obliged the learned Judge to issue non bailable warrants to procure the presence of the petitioners. They were arrested and they continue in custody from 18.02.08 in this case. 3. The learned counsel for the petitioners prays that the petitioners may now be enlarged on bail. Report of the learned Judge was called for. The learned Judge reports that the case is at the fag end of trial and that the case can be finally disposed of by 10.05.08. 4. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that if the petitioners were enlarged on bail, trial of the case may be unnecessarily dragged on and the matter will be protracted. B.A.No.1779 of 2008 2 5. Having considered all the relevant inputs, I am satisfied that the petitioners do not deserve to be enlarged on bail. I accept the undertaking of the learned Judge that the case shall be disposed of by 10.05.08. 6. This bail application is accordingly dismissed. I may hasten to observe that if the case is not disposed of by 15.05.08, the petitioners shall be at liberty to move this Court for bail. Compliance shall be reported to this Court by the learned Magistrate. (R.BASANT, JUDGE) rtr/-