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2013 DIGILAW 992 (KER)

Pandurangan v. Sub Inspector of Police, E. T. South Police Station, rep. by State of Kerala, rep. by The Public Prosecutor, High Court of Kerala

2013-11-18

THOMAS P.JOSEPH

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Judgment : 1. These applications are preferred by the accused in Crime Nos.1049 of 2013, 1048 of 2013, 1051 of 2013, 1050 of 2013, 1052 of 2013 and 1034 of 2013, respectively of the Ernakulam Town South Police Station for the offences punishable under Sections 457, 461, and 380 r/w Section 34 of the Indian Penal Code. 2. Allegation is that the petitioners committed lurking house trespass on the night between 04-09-2013 and 05- 09-2013, broke open receptacles and committed theft of money/lap top etc. Petitioners are in custody from 08-09-2013 and seek bail. 3. Learned counsel has submitted that, there is not even prima facie evidence against the petitioners. It is submitted that they are in custody from 08-09-2013. 4. Learned Public Prosecutor, while opposing the application submitted that petitioners belong to the State of the Tamil Nadu and that if released on bail, it may not be possible to procure their presence in the course of the trial. It is also submitted that the final reports having already been filed in all the above cases, learned Additional Chief Judicial Magistrate(Ecomonic offence) Ernakulam has taken cognizance of the offence and filed the case as C.C.Nos.1044 of 2013, 1043 of 2013, 1046 of 2013, 1045 of 2013, 1047 of 2013 and 1042 of 2013. It is also submitted that since the petitioners alone are the accused, the cases could be disposed of as early as possible. 5. Having heard the learned Public Prosecutor and learned counsel for the petitioners, I am inclined to think, having regard to the nature of the allegations made against the petitioners and possibility of their not making available for trial, that the appropriate course is to direct speedy disposal of the cases. In the circumstances, request for bail cannot be allowed. Resultantly, these applications are disposed of as under. i) Request for bail is rejected. ii) Learned Additional Chief Judicial Magistrate (Ecomonic offence) Ernakulam is directed to dispose of the following cases as early as possible bearing in mind that the petitioners are in custody and at any rate, within three months from the date of receipt of a copy of this order. i) Request for bail is rejected. ii) Learned Additional Chief Judicial Magistrate (Ecomonic offence) Ernakulam is directed to dispose of the following cases as early as possible bearing in mind that the petitioners are in custody and at any rate, within three months from the date of receipt of a copy of this order. a) C.C.No.1042 of 2013 b) C.C.No.1043 of 2013 c) C.C.No.1044 of 2013 d) C.C.No.1045 of 2013 e) C.C.No.1046 of 2013 f) C.C.No.1047 of 2013 iii) In case for no fault of the petitioners trial could not be completed within the aforesaid time, it is open to the petitioners to move application before the learned Additional Chief Judicial Magistrate for bail. iv) Petitioners shall produce a copy of this order before the learned Additional Chief Judicial Magistrate forthwith.