2025:KER:30236 BAIL APPL. NO. 3559 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 BAIL APPL. NO. 3559 OF 2025 CRIME NO.831/2022 OF Kannur Town Police Station, Kannur AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl. NO.1446 OF 2025 OF HIGH COURT OF KERALA PETITIONER/ACCUSED: DHARVENDRA KUMAR @ DHARMENDRA SINGH AGED 34 YEARS S/O. SIKKANDAR SINGH @ SHANICHAR SINGH, DADUVA VILLAGE, PINANA P.O, HARIYANA, NOW AT MAHARAS, WARD NO.6, MAHARAS, SAHARSA, BIHAR, PIN - 852127 BY ADVS. K.ABOOBACKER SIDHEEQUE R.MAHESH VARMA RESPONDENT/S TATE : STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT, PIN – 682031 SR PP-NOUSHAD K A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30236 BAIL APPL. NO. 3559 OF 2025 2 P.V.KUNHIKRISHNAN, J. -------------------------------- B.A. No.3559 of 2025 ---------------------------------------------- Dated this the 08th day of April, 2025 ORDER This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioner is the accused in Crime No.831/2022 of Kannur Town Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 457, 461 and 380 of the Indian Penal Code. 3. The prosecution case is that, in between 19.50 hours on 14.06.2022 and 07.00 hours on 15.06.2022, the accused committed housebreaking and entered the shop Arshith Jewellery at Kannur and committed theft of silver ornaments worth Rs.9,00,000/-. Hence it is alleged that the accused committed the offencee. The petitioner was arrested on 09.09.2024. 2025:KER:30236 BAIL APPL. NO. 3559 OF 2025 3 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. The counsel for the petitioner submitted that the petitioner is in custody from 09.09.2024 and he is ready to abide any conditions if this Court grant him bail. The Public Prosecutor opposed the bail application and submitted that the petitioner has criminal antecedents and he is from Bihar. Several cases are registered at different places including Kerala is the submission of the Public Prosecutor. 6. In such circumstances, this Court directed the Registry to get a report from the trial court about the time required to dispose the main case itself. Now a report is filed by the learned Magistrate, which is extracted hereunder: “In obedience to the above made reference No.1, I may humbly humbly submit as follows: CC 1027/2023 is a case pending before this court arising out of crime no.831/2023 of Kannur Town P.S, where the accused is charged with offences punishable under Sections 457, 461 and 380 of the Indian Penal Code. The accused was absconding during investigation stage and a final report was 2025:KER:30236 BAIL APPL. NO. 3559 OF 2025 4 filed stating that the accused was absconding. Subsequently, the accused was arrested and produced on 09/09/2024 and he was remanded and he is in custody since then. In this case, the prosecution intially cited 17 witnesses. After arrest of the accused, the Police conducted further investigation and filed supplementary final report by citing 3 additional witnesses. On 24/3/25, the accused was produced in open Court and charge was framed and summons was ordered against CW1. Considering the number of witnesses to be examined and the time required to complete the necessary coercive steps to secure the attendance of witnesses who may fail to appear despite the issuance of the process, I respectfully submit that a period of eight months would be required to dispose the case. Therefore I kindly request that eight months may kindly be granted for disposing of the case. The above report is respectfully submitted for the kind consideration of Hon'ble High Court.” 7. In the light of the same, I think this bail application need not be entertained at this stage. The learned Magistrate will try to dispose the case within eight months, as 2025:KER:30236 BAIL APPL. NO. 3559 OF 2025 5 stated in the report. With the above observation, this bail application is disposed of. sd/- P.V.KUNHIKRISHNAN JUDGE jv