IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 Bail Appl..No. 5772 of 2010() ----------------------------- AGAINST THE ORDER DATED 20/08/2010 IN CRMP.2536/2010 IN SC.895/2010 of II ADDL. SESSIONS COURT, TRIVANDRUM .................... (CRIME NO.145/2003 OF POZHIYOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT) ...... PETITIONER/ACCUSED NO.1: ------------------------------------------- VIJAYAN,AGED 47,S/O.GABRIYEL, V.R.BHAWAN,KUTTAN THURANNAVILE,KULATHUR DESOM, KULATHUR VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.B.RAMAN PILLAI, SRI.R.ANIL, SRI.ANIL K.MOHAMMED, SRI.SUJESH MENON V.B. SRI.JOSEPH P.ALEX, SRI.SHYAM ARAVIND, SRI.T.ANIL KUMAR. RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/09/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No. 5772 of 2010 * * * * * * * * * * * * * * * * * * Dated: 28th September, 2010 ORDER The petitioner who is the first accused in Crime No. 145 of 2003 of Pozhiyoor Police Station for offences punishable under Sections 323, 324, 326 and 302 I.P.C. read with Sec. 34 I.P.C. seeks his enlargement on bail. He was on the second time arrested on 10-5-2010. 2. The case of the prosecution is that pursuant to a dispute with regard to the refusal to remove a lorry which was parked in front of the house of A1 for loading coconut husk stored by A1 in his compound, there ensued an altercation between the deceased, petitioner and the second accused which resulted in the petitioner inflicting stab injuries on CW1 as well as the deceased Russel Raj who was the brother-in-law of the petitioner. The occurrence took place on 18-09-2003. Bail Application No. 2772 of 2010 -:2:- 29 year old Russal Raj succumbed to the injuries. 2. The learned counsel for the petitioner submitted that the petitioner who was released on bail during the crime stage had to find out an employment and had gone to the Sulthanate of Oman and that was the reason why he was treated as absconding by the police and he was subsequently arrested on 10-5-2010 by the Kerala Police and got remanded to judicial custody where he is continuing. The learned counsel submitted that the occurrence was not a pre-meditated murder but it took place on the spur of the moment. 3. I also heard the learned Public Prosecutor as well as the learned Special Public Prosecutor who also represented the de facto complainant /CW1. 4. The petitioner was granted bail during the crime stage on 20-11-2003. Thereafter he slipped into the Sultanate of Oman without informing either the police or the Court. He was, thereafter, absconding and his presence could not be secured inspite of earnest efforts made by the Court below. In Bail Application No. 2772 of 2010 -:3:- the meanwhile, steps taken under Sections 82 and 83 were also futile due to the continued abscondence of the petitioner. Subsequently the father of the deceased had to approach this Court by filing a Writ Petition as 8504/2007 for extradition proceedings against the accused. He was eventually arrested with the aid of INTERPOL on 10-5-2010. The explanation offered by the petitioner that he was compelled to go abroad to earn his livelihood is not tenable since he had not taken any steps to inform the investigating officer or the Court about his proceeding beyond the territory of India. In fact, he had gone abroad by securing a passport on “Talkal basis” without police verification. The learned Addl. Sessions Judge did not accept his submission that his original passport was retained by his Sponsor in the gulf country and he has, therefore, unable to come back to India. Such being the conduct of the petitioner , I am sure that if the petitioner is released on bail, he will definitely flee from justice and will not available for trial of the case. I am, therefore, not inclined to release the petitioner on bail. This Bail Application No. 2772 of 2010 -:4:- petition is, accordingly, dismissed. The trial Court shall make an earnest endeavour to expedite the trial of the case. Dated this the 28th day of September, 2010. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ P.S. to Judge ani.