IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 Bail Appl..No. 320 of 2010() -------------------------------------- SC.193/2009 of II ADDL.DISTRICT COURT,ERNAKULAM CRIME NO.330/2003 OF HILLPALACE POLICE STATION, THRIPUNITHURA, ERNAKULAM. .................... PETITIONER/ACCUSED NO.3: ------------------------------------------- AJIRSH, S/O. SASIDHARAN, THUNDIYIL HOUSE NEAR KUSHIVELI DEVI TEMPLE, CHALIKKAVATTOM KARA, EDAPPALLY VILLAGE. BY ADV. SRI.T.RAMPRASAD UNNI SRI.MANU TOM RESPONDENTS/ COMPLAINANT: ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. THE CIRCLE INSPECTOR OF POLICE, HILL PALACE POLICE STATION, TRIPUNITHURA. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 320 of 2010 ------------------------------- Dated this the 2nd day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in S.C.No.474 of 2006 on the file of the Sessions Court, Ernakulam, which is now renumbered as S.C.No.310/2008. 2. The offences alleged against the accused persons are under Sections 302, 109, 143, 147, 148, 471, 364, 404, 201, 202 and 120B read with Section 149 of the Indian Penal Code. 3. The crime was registered as Crime No.330/2003. As stated earlier, the case was pending as S.C.No.474/2006 before the Sessions court, Ernakulam. Accused Nos. 3,7 and 13 are absconding. The case against them was split up. Accused Nos.2 and 6 died before trial. Other accused were tried. Accused Nos.1,4 and 5 were convicted and sentenced to life imprisonment. Accused Nos.8 to 12 and 14 were acquitted. 4. The petitioner was granted bail by as per the order passed by this court. Thereafter, he absconded, which resulted in the splitting up of the Session Case against him. A non-bailable B.A. No. 320/2010 2 warrant was issued for the arrest of the petitioner. Only after two years, the petitioner could be arrested on 30/3/2009 along with accused No.13, who was also absconding. 5. The learned Public Prosecutor very vehemently opposed the Bail Application. It is pointed out that after the petitioner was granted bail and after he absconded, he was involved in two other crimes, namely, Crime No.453/2009 of Kollam East Police Station and Crime No.655/2009 of Chengamanad Police Station. The offence alleged against the petitioner in Crime No.453/2009 is under Section 395 of the Indian Penal Code and the allegation against the petitioner is that he robbed Rs.3 lakhs from a passenger in a bus. The offences alleged against the petitioner in Crime No.655/2009 are under Sections 364 and 397 of the Indian Penal Code and the allegation against the petitioner is that he robbed 8 Kgs of gold from the de facto complainant therein. The learned Public Prosecutor also submitted that the case is posted to today before the Sessions Court for fixing the schedule for trial of the Session case. 6. From the facts and circumstances stated above, it is B.A. No. 320/2010 3 clear that the petitioner absconded after bail was granted by this Court and during that period, he is accused of having committed grave offences in two crimes registered at Kollam and Chengamanad. 7. Taking into account the facts and circumstances of the case, I do not think that it is proper to release the petitioner on bail. The trial is to take place without much delay. If the petitioner is released on bail, it is most likely he may involve himself in other offences. The allegation that after absconding, he was involved in two other grave offences, is to be taken note of in this regard. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm