IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 Bail Appl..No. 8151 of 2011() ----------------------------- AGAINST THE ORDER DATED 24/08/2011 IN CMP.4283/11 IN CC.551/2010 of J.M.F.C.-I, KANNUR .................... PETITIONER/ACCUSED ------------------------ SANTHOSH,S/O.VIJAYAN,AGED 39 YEARS, PULIKKURUMBA,NADUVIL,TALIPARAMBA. BY ADV. SRI.O.V.MANIPRASAD SRI.SAJU J PANICKER RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA,REPRESENTED BY THE S.I.OF POLICE,KANNUR TOWN POLICE STATION, (CRIME NO.551/2011 OF KANNUR TOWN POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA. STATE PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8151 of 2011 ---------------------------------------------- Dated this the 11th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.C.No.551 of 2010 on the file of the court of the Judicial Magistrate of the First Class-I, Kannur. The trial court granted bail to the petitioner. However, after the witnesses were examined and when the case was posted for examination under Section 313 of the Code of Criminal Procedure, the petitioner absconded. He was not available for about two years for arrest. Thereafter, he was arrested in connection with other cases and he was produced before the learned Magistrate. The learned Magistrate refused bail on the ground that the case is posted for hearing. It cannot be said that the view taken by the learned Magistrate is unjustified. The petitioner was involved in two other cases of similar nature. In the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE skj