IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7395 of 2008()
1. SELVARAJ M.C. @ SELVAN,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.K.M.FIROZ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :09/12/2008
O R D E R
K.HEMA, J.
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B.A.No.7395 of 2008
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Dated this the 9th December, 2008
O R D E R
This petition is for bail.
2. The alleged offence is under Section 379 read with
Section 34 IPC. According to prosecution, petitioner along with
two other accused committed theft of a motor car from the porch of
the house of defacto complainant. The incident occurred on
23.4.2003 and the crime was registered on 24.4.2003. Petitioner
was arrested on 26.6.2008 and he is in custody since then.
3. Learned counsel for petitioner submitted that petitioner
is treated in Government Ayrveda College Hospital at Pariyaram,
as per the direction from this Court. He got paralysed of his limbs
due to a road traffic accident, which occurred in the year 2007 and
hence, he cannot walk without the help of other persons.
Therefore, he may be granted bail, it is submitted.
4. This petition is opposed. Learned public prosecutor
pointed out that petitioner is absconding since 2003 and he could
be arrested only in the year 2008. He is in custody from 26.6.2008
and the trial is in progress. Only four witnesses remained to be
examined. At this stage, if he is released on bail, it is likely that he
BA No.7395/2008 2
will not be available for trial and the trial will be protracted. It is
also submitted that petitioner is also involved in another crime of
similar nature.
5. On hearing both sides, I am satisfied that in case
petitioner is released on bail, he will not be available for trial and
the trial will be protracted. I also find from Annexure G order
dated 8.8.2008 in W.P.(C) No.22506/2008 filed by petitioner’s wife
that this Court had directed to give appropriate ayurvedic
treatment at Government Ayurveda College Hospital, Paryiyaram
at the expense of petitioner and the treatment is being given. In
such circumstances, I do not find it fit to grant bail to petitioner at
this stage.
Learned Magistrate is directed to dispose of the case without
any delay particularly, taking into consideration, the peculiar
physical state of petitioner. If the petitioner is so advised, he may
move an application for bail before the trial court itself, and
depending upon the nature of evidence already adduced, the trial
court shall dispose of the bail application, if any filed, on merit.
With this direction, petition is dismissed.
K.HEMA, JUDGE
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