IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 Bail Appl..No. 268 of 2009() ---------------------------------------- (CRIME NO.178/00 OF THRIKKAKARA POLICE STATION) .................... PETITIONER:5TH ACCUSED: -------------------------------------------- BIJU @ MANIKUTTAN, S/O. RAVI, AGED 30 YEARS, KALLIYATT THUNDIYIL, THAIKOODAM, POONITHURA VILLAGE, ERNAKLAM. BY ADV. SRI.K.V.SABU RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKLAM. BY PUBLIC PROSECUTOR SRI. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 268 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 22nd day of January,2009 O R D E R Petition for bail. 2. The alleged offences are under sections 143, 147, 148, 120B, 109, 324, 302 read with section 149 IPC. According to prosecution, petitioner along with six other accused committed various offences, including murder. 3. Petitioner was arrested on 9-12-2008 and he is in custody since then. Learned Public Prosecutor opposed this petition and submitted that petitioner was on bail earlier, in this case. The crime was registered in the year 2000. Petitioner was absconding for a long time and hence, the trial against all accused, except accused nos.4 and 5, was completed and they were acquitted. Accused nos. 4 and 5 were absconding. It is also pointed out that while petitioner was on bail in this case, he committed a double murder within the limits of Viyyur Police Station and hence, it is likely that he will abscond, if bail is granted. 4. On hearing both sides, I am satisfied that if bail is granted, it is likely that petitioner may abscond. Learned counsel for petitioner submitted that a direction may be issued to dispose of the case, as expeditiously as possible, being an old BA 268/2009 -2- case. Petitioner may move the trial court for expeditious trial and learned court may take into consideration his prayer and pass appropriate orders. This petition is dismissed. K.HEMA, JUDGE. mn.