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Shinod vs State Of Kerala on 3 October, 2007

Kerala High Court
Shinod vs State Of Kerala on 3 October, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 5833 of 2007()


1. SHINOD, AGED 28 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY THE
                       ...       Respondent

                For Petitioner  :SRI.SHAIJAN C.GEORGE

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :03/10/2007

 O R D E R
                          R.BASANT, J.
                       ----------------------
                      B.A.No.5833 of 2007
                   ----------------------------------------
             Dated this the 3rd day of October 2007

                              O R D E R

Second application for regular bail. The petitioner faces

allegations of having committed offences punishable under

Sections 457 and 380 read with 511 I.P.C. Earlier application

for regular bail was dismissed as per order dated 10/9/2007 in

B.A.No.5409/2007. I have adverted to facts in detail in that

order. This order must be read in continuation of the said order.

I am hence not adverting to facts in any greater detail in this

petition. That petition was dismissed with the observation that

the petitioner can move this court for bail again at a later stage

not prior to 20/9/2007. Accordingly, this application is filed on

20/9/2007.

2. The learned Public Prosecutor had submitted on

26/9/2007 that the final report has already been filed. A report

was called for from the learned Magistrate about the stage of the

proceedings and the probable time that will be taken to complete

the trial and dispose of the case. The report of the learned

Magistrate has been received. The learned Magistrate, in the

B.A.No.5833/07 2

report dated 1/10/2007 submits that the case is posted to

5/10/2007 for framing charges. Altogether there are only six

witnesses to be examined. The trial would take thirty days. The

learned Magistrate states that the trial can be completed and the

matter can be disposed of expeditiously. The learned Magistrate

prays for atleast thirty days time to complete the trial.

3. In the peculiar facts and circumstances of this case, I

am satisfied that the petitioner cannot be granted bail at this

stage. In view of the submission of the learned Magistrate that

the matter can be disposed of within a period of thirty days, I am

satisfied that a direction can be issued for expeditious trial and

disposal of the case.

4. In the result, this petition is dismissed with the

observation/direction to the learned Magistrate to complete the

trial as expeditiously as possible, at any rate, within a period of

one month from 5/10/2007. I make it clear that if the case is not

disposed of by 15/11/2007, the petitioner shall be at liberty to

approach this court for bail again.

5. This petition is dismissed with the above observations.

Communicate this order to the learned Magistrate.

(R.BASANT, JUDGE)

jsr

B.A.No.5833/07 3

B.A.No.5833/07 4

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007

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