IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 Bail Appl..No. 6487 of 2009 CP.NO.194 OF 2009 ON THE FILE OF JUDICIAL MAGISTRATE OF THE FIRST CLASS II, KOTTARAKKARA. L.P.NO.72 OF 2003 OF JUDICIAL MAGISTRATE OF THE FIRST CLASS II, KOTTARAKARA. CRIME NO.211 OF 2000 OF CHADAYAMANGALAM POLICE STATION. PETITIONER/ACCUSED: --------------------------------------- MANOHARAN, S/O.KOCHURAMAN, KUNNUMPURATH VEEDU, VADAKKUMKARA, THOTTAM MUKKU, ARKKANNOOR MURI, ELAMAD VILLAGE. BY ADV. SRI.PREMCHAND R.NAIR SRI.TOJAN J. VATHIKULAM SRIBEPIN PAUL RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY SUB-INSPECTOR CHADAYAMANGALAM POLICE STATION REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6487 OF 2009 ------------------------------------------------------ Dated this the 17th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.P.No.194 of 2009, on the file of the Court of the Judicial Magistrate of the First Class II, Kottarakkara. 2. The offence alleged against the petitioner is under Section 511 of 376 of the Indian Penal Code. 3. The crime was registered as Crime No.211 of 2000 of Chadayamangalam Police Station. The case was pending before the Judicial Magistrate of the First Class II, Kottarakkara and, at that time, the petitioner did not appear. He absconded. The case was treated as long pending case and it was numbered as L.P.No.72 of 2003. The Court issued non-bailable warrant for the arrest of the petitioner. The case is now pending as C.P.No.194 of 2009 before the Court of the Judicial Magistrate of the First Class II, Kottarakkara. B.A. NO. 6487 OF 2009 :: 2 :: 4. The petitioner surrendered before Court on 7.10.2009 and he was remanded to judicial custody. The petitioner moved for bail. Learned Sessions Judge dismissed the application for bail by the order dated 19.10.2009. 5. It is submitted by the learned Public Prosecutor that after the date of occurrence, the petitioner was absconding and that he could not be arrested at all. If the petitioner is released on bail, there is every likelihood of the petitioner making himself scarce. It is also submitted by the learned Public Prosecutor that the learned Sessions Judge has rightly dismissed the application for bail. 6. Taking into account the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. The petitioner was absconding all through out. In spite of repeated non-bailable warrants having been issued, presence of the petitioner could not be procured before Court. If the petitioner is released on bail, it is most likely that he may abscond again as rightly pointed out by the learned Public Prosecutor. The crime was registered in the year 2000 and the petitioner surrendered before Court after nine years. B.A. NO. 6487 OF 2009 :: 3 :: In the facts and circumstances of the case, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/