IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 Bail Appl..No. 5530 of 2009() ----------------------------- SESSION CASE NO.885/2006 OF ADDITIONAL SESSIONS COURT, VADAKARA. CRIME NO.47/2006 OF 2006 OF CBCID, KOZHIKODE PETITIONER/1ST ACCUSED: ------------------------------------------- RONI THOMAS, S/O.GEORGE, MALIYEKKAL (H), MUKKANNUR VILLAGE, ANGAMALY, ERNAKULAM DISTRICT. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5530 of 2009 ------------------------------------ Dated this the 1st day of October, 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 first accused in Sessions Case No. 885/2006 on the file of the Court of the Addl. Sessions Judge, Vadakara. There are eleven accused persons in the case. 2. The offences alleged against the accused are under Sections 143, 147, 148, 341, 363, 307, 302 and Section 120 (B) read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 11/2/2006 at 9.30 P.M, while the deceased Abdul Kareem and the defacto complainant, Sivan, were proceeding from Wynad to Thamarassery in a Qualis Car, the accused persons intercepted the car and brutally murdered Abdul Kareem and attempted to commit the murder of Sivan. According to the prosecution, the accused persons, who are hired goondas B.A. No. 5530 /2009 2 committed the murder at the instance and instigation of accused No.7, who had business rivalry against Abdul Kareem. 4. The petitioner was arrested on 5/4/2006. He was granted bail by this Court as per the order dated 14/12/2006 in B.A. No.7533/2006. The trial of the case was scheduled to be held on 27/4/2009. On the previous date, the petitioner attempted to commit suicide by consuming poison. He was admitted in the hospital. Since the petitioner was absent, trial of the case was re-scheduled. Thereafter, the petitioner did not appear before the court. The court issued non- bailable warrant for his arrest. The petitioner was arrested on 4/5/2009. He moved for bail. The Sessions Court refused bail. Therefore, the petitioner has approached this Court with this application for bail under Section 439 of the Code of Criminal Procedure. 5. It is submitted by the learned Public Prosecutor that the incident occurred on 11/2/2006 and the trial commenced only in 2009. 120 witnesses were examined in B.A. No. 5530 /2009 3 the case and the trial is going on. If the petitioner is released on bail, certainly he would make himself scarce. 6. The learned counsel for the petitioner submitted that the petitioner undertakes to appear before court on all posting dates without fail. This undertaking cannot be accepted in view of the facts of the case and in view of the sequence of the events. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm