IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 Bail Appl..No. 7993 of 2011 SC.31/2011 OF PRINCIPAL ASSISTANT SESSIONS COURT, THALASSERY CRIME NO.19 OF 2000 OF THE KASARAGOD RAILWAY POLICE STATION PETITIONER/ACCUSED -------------------------------------- ABDULLA KUNHI,AGED 37 YEARS, S/O.ISMAIL,R/AT HABEEB MANZIL, PO MANGALPADI, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT: COMPLAINANT: --------------- THE SUB INSPECTOR OF POLICE, KASARAGOD RAILWAY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031. BY STATE PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7993 OF 2011 ------------------------------------------------------ Dated this the 11th day of October, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner was accused No.6 in Crime No.19 of 2000 of the Kasaragod Railway Police Station. 2. The offences alleged against the accused are under Sections 394, 395, 397, 398, 399 and 420 of the Indian Penal Code and Section 27 of the Arms Act. 3. The learned counsel for the petitioner submitted that during the trial of the case before the Sessions Court, the petitioner was present and he left for Mumbai and therefore, he could not appear before Court at the stage of questioning of the accused under Section 313 of the Code of Criminal Procedure. It is submitted that the case against the petitioner was split up and it was refiled as S.C.No.31 of 2011 before the Principal Assistant Sessions Court, Thalassery. The learned counsel for the petitioner also submitted that the other accused persons were acquitted in the case. BAIL APPL. NO.7993 of 2011 :: 2 :: 4. The learned Sessions Judge dismissed the Bail Application filed by the petitioner by the order dated 8.8.2011. 5. The prosecution case is that on 16.12.2000, the accused persons threatened the passengers travelling in Parasuram Express, in between Kasaragod and Manjeswaram, and looted `12,31,700/-. 6. The petitioner is in judicial custody since 25.7.2011, the date of his surrender. In paragraph 5 of the order dated 8.8.2011, the learned Sessions Judge held thus: “5. Considering the nature of the offences alleged, the fact that petitioner has absconded at the fag end of the trial of the case which caused much inconvenience to the court and as it is opined by the learned Prl. Asst. Sessions Judge in the order of the bail application that there are incriminating circumstances brought out in evidence against the present petitioner and considering the huge amount involved in the crime, I feel that it is not just and proper to release the petitioner on bail at this stage.” BAIL APPL. NO.7993 of 2011 :: 3 :: 7. Taking into account the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. It is most likely that the petitioner will abscond, if bail is granted to him. However, since the petitioner is in judicial custody, the Principal Assistant Sessions Judge, Thalassery shall expedite the trial of the case and the case shall be disposed of as expeditiously as possible and, at any rate, within a period of three months. The Bail Application is disposed of as above. (K.T.SANKARAN) Judge ahz/