IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 Bail Appl..No. 4837 of 2008() ----------------------------- CMP.4973/2008 IN CRIME NO.633/2006 OF CHAVAKKAD POLICE STATION .................... PETITIONER/ACCUSED:- ------------------------------------- SREEKUMAR, S/O VASUDEVAN, PUTHETH PADEETTATHIL VEEDU, KEERIKKAD THEKKUMRI DESOM, KEERIKKAD VILLAGE, KAYAMKULAM P.O., ALAPPUZHA. BY ADV. SRI.AJITH MURALI RESPONDENT: COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.4837 of 2008 ------------------------------------------------------- Dated this the 4th day of August, 2008 O R D E R This petition is filed for bail. 2. The alleged offences are under Sections 332 and 307 IPC. According to the prosecution, on 8.12.2006 at about 4 a.m., when the defacto complainant and the police party went to the house of the petitioner to arrest him, petitioner stabbed the defacto complainant with a dagger and escaped from the arrest. 3. Learned counsel for the petitioner submitted that the petitioner is in custody from 24.3.2008 onwards and he is on bail in all the cases in which he is involved. He is prepared to abide by any condition and he may be granted bail. It is also submitted that the charge sheet is laid and there is no purpose in putting the petitioner in jail. 4. This petition is strongly opposed by the Learned Public Prosecutor. He submitted that the petitioner is involved in 13 other cases including theft cases. The police constable was severely injured by stabbing with a dagger by the petitioner when he went to his house for arresting him. It is also submitted BA No.4837/08 2 that the petitioner was absconding for a long period. The incident happened in the year in 2006 and he could be arrested only on 24.3.2008 in connection with another case. The formal arrest was recorded in this case on a subsequent day. If the petitioner is released on bail, he may not be available for trial. 5. On hearing both sides, I am satisfied that on the facts and circumstance of this case, even though charge sheet is laid, it may not be proper to release the petitioner on bail, since it is likely that he will not be available for the trial. Even if conditions are imposed, if he jumps bail, it may be difficult to arrest him. Hence, I am not inclined to grant bail to the petitioner in an offence of this nature. The petition is dismissed. K.HEMA, JUDGE csl