IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 Bail Appl..No. 5527 of 2008() ----------------------------- AGAINST THE ORDER DATED 08/08/2008 IN CRMP 380/2008 IN SC.55/2004 of ADDL. SESSIONS COURT, N.PARAVUR CRIME NO.217/01 OF KALAMASSERY POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- JONEY, S/O.JOSEPH, AGED 29 YEARS, KALLARACKAL HOUSE, VATTEKKUNNAM NEAR SCHOOL, PARAMBU BHAGOM, EDAPPALLY. BY ADV. SRI.MATHAI VARKEY MUTHIRENTHY RESPONDENT: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/09/2008, ALONG WITH BA NO.5545 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5527 of 2008 & B.A.No.5545 of 2008 ------------------------------------------------- Dated this the 16th day of September, 2008 O R D E R These petitions are for bail. 2. Petitioner in bail application no.5527/08 is accused no.1 and petitioner in bail application no.5545/08 is accused no.2 in the same case. They are standing trial for offences under Sections 143, 147, 148, 302 and 149 IPC. 3. Learned counsel for the petitioners submitted that the second accused was arrested on 27.4.2007 and he is remanded to judicial custody. He in custody for the past more than 16 months. The first accused is in custody from 21.7.2008 onwards. But, there is no progress in the trial of the case and not even charge has been framed by the trial court and the case is now posted to 12.11.2008. Petitioners are prepared to abide by any condition and their close relatives are ready to stand as sureties and bail may be granted to the petitioners, it is submitted. 4. In the light of the submissions made, a report was called for from the learned Additional Sessions Judge. He has reported that all the accused were not regularly appearing BA No.5527 & 5545 of 2008 2 before court. Any one or more accused will be absent on each posting date and non bailable warrants were issued against them on several times. Due to the absence of the accused and their counsel even preliminary hearing could not be conducted in this case and hence, charge was not laid so far. Therefore, though the first and the second accused are in custody, the case is not scheduled for trial. The absence of the accused one or the other delayed framing of charge and a copy of the proceeding sheet is also produced along with the report. 5. On going through the proceeding sheet, I am satisfied of the report of the learned Additional Sessions Judge. I am satisfied that if bail is granted to the petitioners, it may not be likely that they will present for trial, since they were absent on many occasions for trial. At the same time, if bail is refused, it may not be likely that the case will be taken up for trial without delay, because of non appearance of the accused. On the last posting date, non bailable warrant is seen issued against A5, but, learned counsel for the petitioner submitted that as per his instruction, A5 is dead. 6. Learned counsel for the petitioners submitted that these cases may be transferred to any of the Fast Track Courts in BA No.5527 & 5545 of 2008 3 Ernakulam, since the witnesses are from Kalamassery and the case is registered at Kalamassery Police Station. 7. After hearing both sides, I find that the case has to be disposed of without delay especially since the petitioners are in custody for such a long time. Learned Sessions Judge will take all steps necessary for expeditious disposal of the case. The possibility of splitting up the case, against those who are not available, may also be thought of. But, there is no justification in prolonging the disposal of the case. (i) Hence, learned Additional Sessions Judge is directed to dispose of the case within a period of three months from today. (ii) If the petitioners are so advised, they may move for transfer of the case, if expeditious disposal is not possible at the Additional Sessions Court, Paravur due to pressure of work or any other reason. The petitions are disposed of accordingly. K.HEMA, JUDGE csl