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