IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 Bail Appl..No. 3433 of 2010() ----------------------------- CRMP.524/2010 of ADDITIONAL DISTRICT COURT (ADHOC), THRISSUR .................... (CRIME NO.163/2007 OF VETTILAPPARA POLICE STATION IN THRISSUR DISTRICT) PETITIONER/3RD ACCUSED ------------------------------------------ SHYJU, AGED 25, S/O.SASI, KIDANGATHUPARAMBIL HOUSE, NAD ROAD, KOMBARA DESOM, ALWAYE. BY ADV. SRI.C.D.JOHNY SRI.P.SHAIJAN JOSEPH RESPONDENT(S): COMPLAINANT -------------------------- CIRCLE INSPECTOR OF POLICE, CHELAKKARA POLICE STATION, CHELAKKARA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3433 OF 2010 -------------------------------- Dated this the 9th day of June 2010 ORDER This petition is for bail. 2. The alleged offence is under Section397 r/w 34 IPC. According to prosecution, petitioner (A3) along with other accused in furtherance of their common intention to commit theft of a car voluntarily caused hurt to the driver and attempted to cause his death by strangulating him by using plastic rope and took away the car. The incident happened in the night at reserve forest area. 3. Learned counsel for petitioner submitted that petitioner is in custody for the past 289 days. Petitioner was not absconding and his counsel had filed application to excuse his absence. But, the petition was dismissed and NBW was issued. 4. This petition is opposed. Learned Public Prosecutor submitted that trial of the co-accused is over and they were convicted. What remains is the case of first accused who absconded and also the petitioner. Petitioner could be arrested only on the date on which the case was posted for judgment, after conclusion of trial of other accused. The case is now posted for evidence. If at this stage petitioner is released on bail it is likely that he will abscond and will not be available for trial. From the B.A No.3433 OF 2010 2 order of the learned Additional Sessions Judge, It is clear that there is sufficient evidence to warrant a conviction. The witnesses are from a very remote area where there is no facility for transportation. It was pointed out that if trial is conducted for several times for the convenience of the accused, who is likely to abscond, it will be a harassment to the innocent rustic witnesses, Additional Sessions Judge observed in the order. 5. On hearing both sides and going through the order of the learned Additional Sessions Judge and considering the various facts stated therein, I am satisfied that if petitioner is released on bail at this stage, it will affect the administration of justice adversely. It is clear that petitioner has once jumped bail and it is likely that he may abscond, if bail is granted and it will not be possible to conclude the trial. Petition is dismissed. K.HEMA JUDGE vdv