High CourtsSingle Bench(2012) 08 KL CK 0051

Das vs State of Kerala

High Court Of Kerala · Decided on 13 August 2012

HON’BLE JUDGES
N.K. Balakrishnan, J
RESULT
Dismissed
CASE NUMBER
Bail Application No. 5472 of 2012

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Judgment

2 paragraphs · 212 words

N.K. Balakrishnan, J.—The petitioner is the accused in Crime No. 547/2007 of Kothamangalam Police Station, Ernakulam which is now pending before the Sessions Court as S.C.No. 333/2009. The offence alleged against him is u/s 306 of IPC. The learned Counsel for the petitioner submits that the petitioner has been in custody from 19.07.2012 and so he may be granted bail. The learned Public Prosecutor submits that the petitioner was once granted bail. He later jumped bail and warrant was issued again. When he appeared, he was granted bail. When the case was posted for actual trial, the accused again jumped bail and so the trial could not be proceeded. If the petitioner is released on bail, he would repeat the same, the learned Public Prosecutor submits. Since the case is of the year 2007, unless the trial is completed at the earliest, it would be difficult to get the witnesses for prosecution. There is no guarantee that the accused will appear before the court and face the trial, if he is released on bail.

Hence to have an expeditious trial, trial judge is directed to dispose of the case at the earliest. This petition is dismissed. The learned Sessions Judge (VI Additional) will try and dispose of the bail at the earliest.