IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 Bail Appl..No. 6540 of 2011() ----------------------------- C.P.NO.2/2011 of J.M.F.C.,THALASSERY .................... PETITIONER/ACCUSED -------------------- NASEER, S/O HABEEB, AGED 34 YEARS RAJINA MANZIL, ERANHOLI POST, THALASSERY, KANNUR DISTRICT. BY ADV. SRI.N.SHANOJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. S.H.O THALASSERY POLICE STATION (STATION HOUSE OFFICER).- 670101 PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. --------------------------------------- B.A.No.6540 of 2011 --------------------------------------- Dated this the 18th day of August, 2011 ORDER Petitioner is the accused in Crime No.1253/10 of the Thalassery Police Station registered for the offences under Sections 302 and 392 of the Indian Penal Code. Producing two orders, one passed by Magistrate and the other by the learned Sessions Judge, Thalassery, both declining his request for bail, he has filed the aforesaid petition seeking his release pending trial of the case. Perusing the orders it is seen that those applications were moved during the committal proceedings of the case, and the bail was declined mainly for the reason that the petitioner has no permanent address at the place of trial. He hails from ChikMangalore in Karnataka. Learned Public Prosecutor submits that the case has now been committed by the Magistrate to the Sessions Court for trial. 2. It is open to the petitioner to move an application afresh for bail before the Sessions Judge, as the case has been committed for trial, and, if any such application is moved the B.A.No.6540 of 2011 2 learned Sessions Judge shall dispose it on its merits expeditiously. Subject to the above observations this application is dismissed. sd/- S.S.SATHEESACHANDRAN, JUDGE. rkc //TRUE COPY// PA TO JUDGE