IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 Bail Appl..No. 228 of 2008() ---------------------------- CRIME 316/07 OF PAYYOLI POLICE STATION PETITIONER/ACCUSED ----------------------------------- KANNAPPAN, S/O.AYYAPPAN, AGED 35 YEARS, UNDIPATHOOR, PEELIMED ROAD, COIMBATORE. BY ADV. SRI.LIFFY P. FRANCIS RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 228 OF 2008 E ```````````````````````````````````````````````````` Dated this the 23rd day of January, 2008 O R D E R Application for regular bail. Petitioner faces allegations for offences punishable, inter alia, under Sections 457 and 380 read with 511 IPC. The petitioner was allegedly caught red handed while committing house breaking and attempt to commit theft on 14.9.07. He continues in custody from that date. Investigation is complete. Final report has already been filed. Trial has commenced. 313 questioning is over. The matter stands posted for defence evidence and final hearing. 2. In the peculiar facts and circumstances of this case, report of the learned Magistrate was called for and the learned Magistrate has reported that the case can be disposed of finally on or before 4.2.08. BA.228/08 : 2 : 3. The learned Public Prosecutor opposes the application and I am satisfied, in the facts and circumstances of the case, that the petitioner need not be enlarged on bail. 4. This petition is accordingly dismissed accepting the report of the learned Magistrate that the case shall be disposed of finally on or before 4.2.08. If the case is not disposed of by 19.2.08, the petitioner shall have the option to approach this Court for bail again. (R.BASANT, JUDGE) aks