Petition filed under Section 439 Cr.P.C.
2. Petitioners are A1 and A2 in S.C.No.234/2014 of the III Additional Sessions Court, Thrissur.
3. The allegation against the petitioners is that they have committed offences punishable under Sections 109, 120B, 302 and 212 read with Section 34 of the Indian Penal Code and also under Section 27 of the Arms Act. Petitioners have been in custody from 21.08.2013 onwards.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. Applications seeking bail repeatedly filed by the petitioners were dismissed by this Court earlier. The present grievance of the petitioners is that the trial against them is being delayed for no fault of them. It seems that, last time the court below has adjourned the trial even though witnesses were present, by highlighting the reason that the case against two other accused are pending committal.
6. The aforesaid reason projected by the court below vide order dated 01.09.2014 is not a valid ground for adjourning the trial in a case relating to a serious matter like this, especially when the accused are in custody. The court below ought not to have adjourned the trial. If the other case is not committed, the court below shall dispose of the present sessions case on merits, after examining the witnesses.
7. Considering the gravity of the matter, I am of the view that the petitioners are not entitled to be enlarged on bail.
In the result, this Bail Application is dismissed with the following direction.
The learned Additional Sessions Judge is directed to proceed with the trial of the case against the petitioners and to schedule the case at the earliest for trial and examination of the witnesses. The court below can schedule the case out of turn also, as once the matter was scheduled earlier.
Registry is directed to send a copy of this order to the concerned Additional Sessions Judge, at the earliest.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge