IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 Bail Appl..No. 783 of 2009() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.7467/2008 Dated 10/12/2008 Cr.NO.335/96 OF VALAPATTANAM POLICE STATAION PETITIONER/ACCUSED -------------------------------------- KALIYAN, S/O.SHANTHANAM, AGED 48 YEARS, RESIDING AT SAHUDHEEN LINE ROOM, P.O.VALAPATTANAM, PALOTTUVAYAL, KANNUR DISTRICT. BY ADV. SRI.SUNIL NAIR PALAKKAT RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, VALAPATTANAM POLICE STATION. THROUGH PUBLIC PROSECUTOR OF KERALA HIGH COURT. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 783 of 2009 ----------------------------------------- Dated this the 19th February, 2009 O R D E R This petition is for bail. 2. The alleged offence is under Section 302 of the Indian Penal Code. According to prosecution, on 30.10.1996, petitioner committed murder of his own wife while they were residing together. 3. Learned Public Prosecutor submitted that petitioner absconded after commission of the offence about 12 years back and he belongs to Tamil Nadu. He could be arrested only on 13.10.2008. If petitioner is granted bail, it is likely that he will abscond. Hence, this petition is strongly opposed. 4. Learned counsel for petitioner submitted that petitioner is prepared to abide by any condition and hence, he may be granted bail. 5. On hearing both sides, I am satisfied of the submissions made by learned Public Prosecutor and I do not find it fit to grant bail to petitioner at this stage. Petitioner may move the court concerned for expeditious disposal of the BA.783/09 2 case in which event, the court shall take into account the long delay and dispose of the case at the earliest. Petition is dismissed. K.HEMA, JUDGE vgs.