IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 Bail Appl..No. 7917 of 2008() ----------------------------- AGAINST THE ORDER IN (LP 99/2007) IN CP.65/2008 of J.M.F.C., SASTHAMCOTTA CRIME NO. 182/2001 OF SASTHAMCOTTA POLICE STATION PETITIONER/ACCUSED NO.7 ------------------------------------------- SAJU, S/O.GOPALAN, SANTHOSH BHAVANAM, MUZHANGODI MURI, KALLELIBHAGOM VILLAGE, KARUNAGAPPALLY. BY ADV. SRI.N.VIMALAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 7917 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 9th day of January,2009 O R D E R Petition for bail. 2. According to prosecution, petitioner (A7) along with other accused committed various offences in pursuance of a conspiracy. He was granted bail but he jumped bail and he could be arrested only on 17-12-2008. The crime was registered as early as on 4-7-2001. The case is pending before the lower court only because petitioner was not available for arrest. If petitioner is granted bail, it is likely that he will again abscond, it is submitted. 3. Learned counsel for petitioner submitted that petitioner's name is not in the F.I.R and his name was subsequently included in the array of accused for political reasons. Learned counsel for petitioner also submitted that the case is already committed to the Sessions Court and petitioner is prepared to abide by any conditions and hence, petitioner may be granted bail. 4. On hearing both sides and considering the facts and circumstances of the case, I am of the view that if petitioner is granted bail, it is likely that he will not be available for trial. Hence, I am not inclined to grant bail. BA 7917/08 -2- 5. The learned Sessions Judge is directed to see that the case is disposed of without any delay and suitable arrangements is made for such disposal. It is made clear that petitioner is at liberty to move the trial court again, if there is any delay in disposal of the case, in which event, the trial court shall dispose of the application on merits, considering the stage of the case and other facts and circumstances, in accordance with law. With these directions, this petition is dismissed. K.HEMA, JUDGE. mn.