IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 Bail Appl..No. 5097 of 2008() ----------------------------- AGAINST THE ORDER DATED 29/07/2008 IN CRMP.2374/2008 IN SC.459/2007 of DISTRICT COURT, THRISSUR CRIME NO. 53/2003 OF PUDUKKAD POLICE STATION PETITIONER: ACCUSED NO.7: ------------------------------ BAIJU @ KUNHIKUTTAPAN, S/O.KUTTAPPAN, PALOLY HOUSE, PALAKKAPARAMBU DESOM, KALLUR, THRISSUR. BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. RESPONDENT: STATE: ------------------- STATE OF KERALA, (CRIME NO. 53/2003 OF PUDUKKAD POLICE STATION), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5097 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of August,2008 O R D E R Application for bail. 2. The alleged offences are under sections 143, 147, 148, 324, 307 and 302 read with section 149 IPC. Petitioner is the 7th accused in the crime. The alleged incident occurred on 29-1- 2003. 3. It is seen from the order of the learned Sessions Judge that petitioner did not appear before the court below and no application was also filed on his side and hence non bailable warrants were issued against him. Subsequently, it was reported that petitioner was in custody in connection with some other cases in Sub Jail, Irinjalakuda. Considering the criminal antecedents of petitioner, bail was rejected. 4. Learned counsel for the petitioner submitted that petition filed by the petitioner was dismissed after 5 ½ years. It is also submitted that originally bail was granted to the petitioner, but he did not appear, since he was in jail in connection with another case. Hence, bail may be granted, it is submitted. BA 5097/08 -2- 5. Learned Public Prosecutor submitted that petitioner is involved in ten criminal cases during the period from 2003 to 2008 and that it will be difficult to procure his presence, if bail is granted. 6. On hearing both sides and on going through the order of the learned Sessions Judge, I find that petitioner is involved in series of cases from 2003 onwards, till 2008. Offences involved in those cases are under sections 307, 394, 399,395 IPC and 27 of the Arms Act, etc. It is clear that petitioner is got involved in most of the crimes while he was on bail in this case. The case is pending for the past five years now and it must be ripe for trial. At this stage, I am not inclined to grant bail to petitioner. 7. Petitioner may move the learned Sessions Judge, if so advised, to expedite the trial. The application is dismissed. K. HEMA, JUDGE. mn.