IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 Bail Appl..No. 6001 of 2008() ----------------------------- AGAINST THE ORDER DATED 29/08/2008 IN CRMP.42/2008 IN SC.1342/2007 of ADDITIONAL DISTRICT COURT (ADHOC), TRIVANDRUM .................... PETITIONER/A2: -------------------- ARUN @ 3D ARUN KIZHAKKATHIL VEEDU, NEAR MULLUVILA GROUND, ATTIPARA VILLAGE. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.SHAJIN S.HAMEED RESPONDENT: --------------- THE CIRCLE INSPECTOR OF POLICE, KAZHAKUTTOM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. =========== Bail Application No.6001 of 2008 =============================== Dated this the 30th day of September, 2008. O R D E R This is a petition for bail. 2. The alleged offences are under Sections 120B, 143, 147, 148, 341 and 302 r/w Section 149 IPC. The petitioner is the 2nd accused in the crime. 3. Learned counsel for the petitioner submitted that the petitioner was on bail at the crime stage and also during committal proceedings. But he did not receive any summons from the Sessions Court and hence he did not appear in the court during trial. He was arrested and remanded on 20.1.2008. His bail application was dismissed by the learned Additional Sessions Judge. Trial against the co-accused is over and they are acquitted. 4. This petition is opposed. Learned public prosecutor submitted that the petitioner is involved in other crimes which include offence crime under Section 302 also. It is submitted that the crime was registered as early as on January, 2006. But, the trial was protracted because the petitioner was abscounting. Bail Application No.6001 of 2008 2 If the petitioner is released on bail, he may not be available for trial, especially, since he is involved in various other criminal cases. 5. On going through the order of the learned Sessions Judge, I find that he considered all the relevant aspects and found that the witnesses are made to repeatedly appear for the trial, since the accused was abscounting. Additional burden is also imposed on the courts because of this and the liberty of freedom of bail was misused by the accused etc. The petitioner was not able to convince this Court that he had not received any summons. It appears that the proceedings against the accused under the Gunda Act are at the final stage, as seen from paragraph 7 of the order of the learned Sessions Judge. In such circumstances, I find that it is not fit and proper to grant bail to the petitioner. This petition is dismissed. K.HEMA, JUDGE. bkn/-