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
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
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.
21ST DAY OF MAY2007