High CourtsSingle Bench(2021) 11 KL CK 0015

Sreeja vs State Of Kerala

High Court Of Kerala · Decided on 1 November 2021

HON’BLE JUDGES
Shircy V, J
RESULT
Disposed Of
CASE NUMBER
Bail Appl. No. 8146 Of 2021

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Judgment

8 paragraphs · 308 words

Shircy V, J

1.

Application for regular bail.

2.

Petitioners are the accused Nos.1 and 2 in Crime No.1612 of 2021 of Thoppumpady Police Station, Kochi registered for the offences punishable under Sections 511 of 379 r/w 34 of the Indian Penal Code.

3.

The prosecution allegation is that, on 17.09.2021 at about 11.00 a.m, while the defacto complainant was waiting in the queue for taking outpatient ticket in the Government Hospital, Karuvelipady, these petitioners have attempted to snatch away her gold chain and thereby committed the aforesaid offences.

4.

The learned Public Prosecutor has submitted that the investigation of the case is over and charge sheet has been submitted before the jurisdictional Magistrate on 30.09.2021. The learned counsel for the petitioners has also submitted that examination of CW1 is over and the case stands for further evidence.

5.

It is pertinent to note that these petitioners are hailing from Tamilnadu having no place of abode in Kerala. So, if they are released on bail at this stage it will definitely upset trial of the case. As they are having no permanent place of abode in Kerala it will be difficult to ensure their presence before the court. The learned Magistrate while dismissing the bail application filed by the petitioners has expressed his willingness to dispose of the case within a period of two months. The bail application was disposed of by the learned Magistrate on 30.09.2021. Now CW1 has already been examined and therefore it is expedient to direct the learned Magistrate to dispose of the case on or before 15.12.2021 as examination of the witness have to proceed with.

Therefore, The learned Judicial First Class Magistrate shall complete the examination of the witnesses and dispose of the case at the earliest at any rate on or before 15.12.2021.

With this observation this bail application is closed.