IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 Bail Appl..No. 7004 of 2009 C.P.NO.194 OF 2009 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, KOTTARAKARA. LP.NO.72 OF 2003 OF JUDICIAL FIRST CLASS MAGISTRATE COURT II KOTTARAKARA. CRIME NO.211 OF 2000 OF CHADAYAMANGALAM POLICE STATION PETITIONER/ACCUSED -------------------------------------- MANOHARAN, S/O.KOCHURAMAN, KUNNUMPURATH VEEDU, VADAKKUMKARA, THOTTAM MUKKU, ARAKKANNOOR MURI, ELAMAD VILLAGE. BY ADV. SRI.PREMCHAND R.NAIR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7004 OF 2009 ------------------------------------------------------ Dated this the 1st day of December, 2009 O R D E R Petitioner filed B.A.No.6487 of 2009 for bail. That application was dismissed by the order dated 17.11.2009. The order reads as follows: “This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.P.No.194 of 2009, on the file of the Court of the Judicial Magistrate of the First Class II, Kottarakkara. 2. The offence alleged against the petitioner is under Section 511 of 376 of the Indian Penal Code. 3. The crime was registered as Crime No.211 of 2000 of Chadayamangalam Police Station. The case was pending before the Judicial Magistrate of the First Class II, Kottarakkara and, at that time, the petitioner did not appear. He absconded. The case was treated as long pending case and it was numbered as L.P.No.72 of 2003. The Court issued non-bailable warrant for the arrest of the petitioner. The case is now pending as C.P.No.194 of 2009 before the Court of the Judicial Magistrate of the First Class II, Kottarakkara. B.A. NO. 7004 OF 2009 :: 2 :: 4. The petitioner surrendered before Court on 7.10.2009 and he was remanded to judicial custody. The petitioner moved for bail. Learned Sessions Judge dismissed the application for bail by the order dated 19.10.2009. 5. It is submitted by the learned Public Prosecutor that after the date of occurrence, the petitioner was absconding and that he could not be arrested at all. If the petitioner is released on bail, there is every likelihood of the petitioner making himself scarce. It is also submitted by the learned Public Prosecutor that the learned Sessions Judge has rightly dismissed the application for bail. 6. Taking into account the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. The petitioner was absconding all through out. In spite of repeated non-bailable warrants having been issued, presence of the petitioner could not be procured before Court. If the petitioner is released on bail, it is most likely that he may abscond again as rightly pointed out by the learned Public Prosecutor. The crime was registered in the year 2000 and the petitioner surrendered before Court after nine years. In the facts and circumstances of the case, the Bail Application is dismissed.” B.A. NO. 7004 OF 2009 :: 3 :: 2. The present Bail Application is filed on 20.11.2009, on the third day of the dismissal of B.A.No.6487 of 2009. I do not think the petitioner was justified in filing a second application for bail within such a short period, in the facts and circumstances of the case. For the reasons stated in the order dated 17.11.2009, this Bail Application is also dismissed. (K.T.SANKARAN) Judge ahz/