MUHAMMED ALI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the 6th accused in Crime No.345/01 of Hill Palace Police Station for offences punishable under sections 489B and 489C read with section 34 IPC, seeks his enlargement on bail. He was arrested on 1.9.2006.

(2.) While disposing of the earlier bail application filed by the petitioner as B.A.No.6323/06, this court in its order dated 21.11.2006 observed as follows: The grievance of the petitioner is that the learned Sessions Judge had again dismissed his bail application without complying with the above directions.

(3.) When the matter was ascertained through the Sessions Judge, as per letter dated 15.12.2006, the Sessions Judge has informed this court that the above direction was not brought to his notice either by the counsel for the petitioner or by the Prosecutor. Hence it has become necessary for directing the Sessions Judge to consider the said direction once again as and when an application for bail is filed by the petitioner. The counsel for the petitioner also submitted that except the first accused, all other accused who faced trial have been acquitted by the trial court. The learned Sessions Judge shall consider this aspect of the matter also while disposing of the bail application. Accordingly, if the petitioner files an application for bail before the Sessions Judge, Ernakulam within three days from today, the same shall be considered and disposed of, preferably on the same date on which it is filed. With this direction, this petition is disposed of.