Riyas K vs State Of Kerala

Citation : 2024 Latest Caselaw 11303 Ker
Judgement Date : 19 April, 2024

Kerala High Court

Riyas K vs State Of Kerala on 19 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
                 BAIL APPL. NO. 2376 OF 2024
           CRIME NO.201/2009 OF KANNUR TOWN, KANNUR
  AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1324 OF 2024 OF
        JUDICIAL MAGISTRATE OF FIRST CLASS -I, KANNUR


PETITIONER/ACCUSED:

         RIYAS K,
         AGED 44 YEARS
         S/O SUBAIR, KALATHIL HOUSE, CHIRAKKAL AMSOM,
         BALANKINAR, KATTAMBALLY,KANNUR., PIN - 670008

         BY ADVS.
         RAHUL SASI
         NEETHU PREM
         P.ARDRA MENON
         ALFIN NADARSHAW
         ANJANA V.



RESPONDENTS/STATE & COMPLAINANT:

    1     STATE OF KERALA,
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682031

    2     THE STATION HOUSE OFFICER,
          KANNUR TOWN POLICE STATION,
          KANNUR, PIN - 670002

         PP PRASANTH MP



     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.04.2024, ALONG WITH Bail Appl..2397/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 B.A.Nos.2376 & 2397 of 2024
                                 2


             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
                     BAIL APPL. NO. 2397 OF 2024

    CRIME NO.111/2009 OF KANNAPURAM POLICE STATION, KANNUR
  AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1323 OF 2023 OF
   JUDICIAL MAGISTRATE OF FIRST CLASS -III(MOBILE), KANNUR

PETITIONER/ACCUSED:

            RIYAS K,
            AGED 44 YEARS
            S/O SUBAIR, KALATHIL HOUSE, CHIRAKKAL AMSOM,
            BALANKINAR, KATTAMBALLY,KANNUR, PIN - 670008

            BY ADVS.
            RAHUL SASI
            NEETHU PREM
            P.ARDRA MENON
            ALFIN NADARSHAW
            ANJANA V.



RESPONDENTS/STATE & COMPLAINANT:

     1      STATE OF KERALA,
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, PIN - 682031

     2      THE STATION HOUSE OFFICER,
            KANNUR TOWN POLICE STATION,
            KANNUR, PIN - 670002

            PP PRASANTH MP


      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.04.2024, ALONG WITH Bail Appl..2376/2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.Nos.2376 & 2397 of 2024
                                    3


                  P.V.KUNHIKRISHNAN,J.
               ---------------------
               B.A.Nos. 2376 & 2397 of 2024
            ---------------------------
              Dated this the 19th day of April, 2024

                                   ORDER

These bail applications are filed under Section 439 of Criminal Procedure Code (Cr.P.C.)

2. The petitioner in these cases are one and the same and he is accused in C.C.No.1324/2024 and C.C.No.1323/2023. The petitioner was absconding in these two cases. The crime which leads to the above calendar cases was registered in the year 2009. The case was included in the long pending case in the year 2012. Now the petitioner was arrested and produced before the trial court. Now the petitioner submit that he may be released on bail in these two cases.

3. This court directed the registry to get a report from the trial court about the time required to dispose of the matter. The trial court submitted a report stating that the cases can be disposed of within 8 months. I am not inclined to grant bail to the petitioner in these cases because he is an B.A.Nos.2376 & 2397 of 2024 4 absconding accused for 10 years. Therefore, there can be a direction to the learned Magistrate to dispose of the matter within a period of 8 months.

Therefore, these bail applications are disposed of directing the Judicial First Class Magistrate Court -I, Kannur to dispose of C.C.No.1324/2024 and C.C.No.1323/2023 as expeditiously as possible, at any rate, within 8 months from the date of receipt of a copy of this order.

Sd/-

P.V.KUNHIKRISHNAN JUDGE APA