IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 Bail Appl..No. 6323 of 2011() ----------------------------- CRIME NO.16/2001 OF BADIYADUKA EXCISE RANGE SC.715/2010 of ADDL. DISTRICT COURT (ADHOC-III), KASARAGODE .................... PETITIONER/ACCUSED : --------------------------- KUNHUMON @ GUNDUMANI, S/O JOSEPH, R/AT VADEKKEDATHIL HOUSE, KARIVEDAKEM VILLAGE, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT(S): COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, BADIYADUKA EXCISE RAGNE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6323 of 2011 --------------------------- Dated this the 9th day of August, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Sessions Case No.715 of 2010 on the file of the Additional Sessions Judge (Adhoc - III), Kasaragod. 2. The offences alleged against the petitioner are under Sections 55(a) and 64A of the Abkari Act. 3. The date of occurrence was on 4.7.2001. It is alleged that accused No.1 was found in possession of 4000 packets of Karnataka made arrack, each packet containing 100 ml. 4. The petitioner surrendered before court on 27.7.2001 and he was granted bail on 16.8.2001. After completing the investigation, charge was laid and the case was BA 6323/2011 2 numbered as SC No.46 of 2003 before the Sessions Court. The Sessions Court stated in the order dated 28th May, 2011 as follows : “As per the records the accused was released thrice by this Court and he failed to comply with the terms and condition of the bail and he was absconding throughout the trial in SC No.46/03 on the file of this Court and his presence was secured on coercive steps.” 5. Accordingly, the Sessions Court dismissed the application for bail filed by the petitioner as per the order dated 28th May, 2011. The petitioner approached this Court in B.A.No.4961/2011, which was dismissed by the learned Single Judge as per the order dated 28th June, 2011. It was held thus : “It is too early to accept the petitioner's contention that he has been falsely implicated in the case. Moreover, I am not satisfied that both the grounds enumerated under Section 41A(b) (ii) of the Abkari Act are present in this case so as to justify his release on bail. The Additional Sessions Judge (Adhoc-III), Kasaragod shall expedite the trial of S.C.No.715 of 2010 bearing in mind that the petitioner (A1) is an under trial prisoner. BA 6323/2011 3 With the above observation, this Application is dismissed.” 6. The petitioner has again approached this Court for bail. The learned Public Prosecutor submitted that the case was posted to 5.8.2011 for examination of witnesses. 7. The petitioner was granted bail on three occasions. He did not comply with the conditions of granting bail. He was absconding. The Sessions case was of the year 2003 and even after 8 years, the trial could not be completed only because of the abscondinance of the petitioner. Now the case is ripe for trial. This Court refused bail and directed the learned Sessions Judge to complete the trial within a reasonable time. At this stage, if the petitioner is released on bail, it is almost sure that he would abscond, making it impossible for the Sessions Judge to dispose of the case. No grounds are made out to grant bail. The Bail Application is accordingly dismissed. K.T.SANKARAN JUDGE csl