IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 Bail Appl..No. 7117 of 2009() -------------------------------------- AGAINST THE ORDER DATED 01/10/2009 IN CRMP.4433/2009 IN S.C.774/2007 of ADDL. SESSIONS COURT(FAST TRACK NO. II, ADHOC), THRISSUR .................... PETITIONER/3RD ACCUSED: ------------------------------------------ RAKESHA @ KAYAKURU, S/O. VELAYUDHANKUTTYM AYYANDI HOUSE, ANTHIKKADU VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT/ COMPLAINANT: ---------------------------------------------- THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7117 of 2009 ------------------------------------ Dated this the 8th day of December, 2009 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. 774/2007 on the file of the court of Additional Sessions Judge (Fast Track No. II, Adhoc), Thrissur. 2. The offences alleged against the petitioner are under Sections 341, 448, 326 and 307 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 13/10/2006. The petitioner was arrested on 6/1/2007. The petitioner was later released on bail before committal of the case to the Sessions Court. After committal to the Sessions court, the petitioner was released on bail on 10/4/2008. The case was posted before the Sessions Court on 15/7/2008 for examination of the witnesses. The petitioner did not appear before the court. Therefore, bail was cancelled and non-bailable warrant was issued against the petitioner. The petitioner was arrested in connection with another case and on 1/10/2009, his arrest was recorded in the present case. The petitioner was produced before the court on production warrant. The petitioner was remanded to judicial B.A. No. 7117/2009 2 custody. The petitioner moved an application for bail before the Sessions Court, which was dismissed by the order dated 1/10/2009. 4. Now the case stands posted to 15/12/2009 for examination of the witnesses. The court below held that the petitioner is in the habit of making himself scarce when the case is posted for trial. The court below has also stated in the order that 29 witnesses were summoned and their examination could not be conducted because of the absence of the petitioner before the court. The petitioner was absconding. It is alleged that the petitioner is involved in other cases as well. The petitioner got himself involved in other cases during this period. These facts would indicate that the petitioner cannot be released on bail at the stage when the examination of the witnesses is to take place on 15/12/2009. The court was fully justified in rejecting the application for bail. I am also of the view that the petitioner is not entitled to get bail in the facts and circumstances mentioned above. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm