IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 Bail Appl..No. 500 of 2009(B) ------------------------------------ SC.315/1998 of ADDITIONAL SESSIONS COURT (FAST TRACK-I), TRIVANDRUM CRIME NO.51/1997 OF KANJIRAMKULAM POLICE STATION .................... PETITIONER/5TH ACCUSED : ----------------------------------- MOHANAN, S/O.JOHNSON, CHOOZHAL KANIYAMTHATTU VEEDU, CHOOZHAL DESOM, KOLLAMCODE, THIRUVANANTHAPURAM BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.500 OF 2009 -------------------------------- Dated this the 3rd day of February, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 427, 449, 302 read with 149 of I.P.C. According to prosecution, petitioner (fifth accused) along with other accused committed various offences including murder. 3. The crime was registered in 1997 and petitioner was absconded since 2004 during trial. The case against petitioner was split up and it was entered in the register of long pending cases and the trial against others was concluded. Some of them were convicted and the others acquitted. 4. Learned counsel for petitioner submitted that petitioner could not appear before the court only due to reasons beyond his control. He went abroad for a short term employment in Gulf country and he was expected to come back in 3 months' time and co-operate with the trial. But, he was taken to a desert and the passport and other documents were taken away from him. At last, he had to obtain an emergency B.A.No.500 of 2009 2 certificate to get out of the country. Annexure A is an Emergency Certificate Seizure Memo, on the strength of which he had come to India on 30.11.2008. He surrendered before the court on 31.12.2008 . He has no intention to abscond and he will co-operate with the trial, it is submitted. Hence, he may be granted bail, it is submitted. 5. Learned Public Prosecutor submitted that the trial against petitioner could not be concluded only because he absconded and if he is released on bail, it is likely that he will abscond. On hearing both sides and on going through the order of the learned Additional Sessions Judge, it appears that all the records in this case are with the High Court since the convicts have preferred an appeal. It is not clear from the order as to when the trial against petitioner can be commenced and when it could be concluded. But, the accused cannot be detained in jail for an indefinite period. Either the trial has to be concluded without delay or the petitioner has to be granted bail. The trial court alone can take a decision depending on the stage of the case, the time that may be required for completion B.A.No.500 of 2009 3 of trial etc. Hence on the peculiar circumstances, petitioner may approach the trial court itself once again for bail, in which event, the court shall taken into consideration all relevant facts and circumstances indicated above and dispose of the application for bail on merit. The petition is disposed of accordingly. K.HEMA, JUDGE pac