IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 Bail Appl..No. 6021 of 2008() ----------------------------- CRMP.NO. 2720/2008 OF IST ADDL. DISTRICT COURT, KOLLAM S.C. NO.929/2008 OF THE SESSIONS COURT, KOLLAM IN L.P. NO.1/98 IN S.C. 188/1991 OF THE SESSIONS COURT, KOLLAM. .................... PETITIONER/ACCUSED: -------------------------------- ABDUL HAKKIM, S/O. ABDUL RAHIM, MILK COLONY, BADARIYA NAGAR, T.C NO. 46/1049, BEEMA PALLI, TRIVANDRUM- T.C 35/465, VALLAKKADAVU, PALKULANGARA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT/ COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE DETECTING INSPECTOR, CRIME BRANCH, CID, TRIVANDRUM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY. SRI. K. S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6021 OF 2008 ------------------------------ Dated this the 29th day of September, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 439(C) of Indian Penal Code. The petitioner is the accused in S.C.929 of 2008. He was arrested on 04.08.1987 in connection with the crime. He was granted bail. Thereafter, he absconded and he could be arrested only after 20 years, on 09.08.2008. The trial could not be proceeded with. The case was registered as L.P.No. 1 of 1998. 3. Learned counsel for the petitioner submitted that the petitioner is prepared to abide by any condition. He could not be appear in court, only because he got an employment abroad. He may be granted bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that this case is pending for a long time, and the petitioner is likely to abscond. On hearing both sides, and on going through the order B.A.6021 of 2008 2 passed by the learned Additional Sessions Judge, I am satisfied that it is not fit to grant bail at this stage. The petitioner has a history of absconding, and the case was protracted for twenty years, only because he was not available for trial. Hence, this petition is dismissed. K.HEMA, JUDGE pac