IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA, 1930 Bail Appl..No. 7596 of 2008 ------------------------------------ CRL.M.P.2374/2008 IN SC.459/2007 OF THE SESSIONS COURT, THRISSUR .................... PETITIONER/ ACCUSED NO.7: ------------------------------------------- BAIJU @ KUNJUKUTTAPPAN, S/O.KUTTAPPAN, PALOLY HOUSE, PALAKKAPARAMBU DESOM, KALLUR, THRISSUR. BY ADV. SRI.A.C.DEVY RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.7596 of 2008 ------------------------------------------ Dated, this the 14th day of January, 2009 ORDER Petition for bail. 2. Alleged offences are under Sections 143, 147, 148, 324, 307 and 302 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act and also under Section 3 of the Explosive Substances Act. According to the prosecution, the petitioner (A7) along with others formed themselves into an unlawful assembly and committed murder of deceased Ainus Antony and also attempted to attack other persons by cutting with swords and also hurling explosive substances like country bombs and deliberately caused the death of deceased Ainus Antony and caused grievous hurt to others. 3. Petitioner is 7th accused. Learned counsel for the petitioner submitted that the condition of the petitioner's mother is very serious. Petitioner is on bail in all other cases. He has produced medical records relating to his mother as Annexures C and D and prays that bail may be granted to the petitioner. 4. This petition is strongly opposed. The learned Public Prosecutor submitted that the petitioner is involved in other cases. The learned Sessions Judge has found that the petitioner is involved in ten criminal cases involving offence under Sections 307, 394, 399, 395, etc. of B.A.No.7596 of 2008 2 the Indian Penal Code and hence, if bail is granted, petitioner is likely to abscond and he may not be available for trial. It was also pointed out that the petitioner was granted bail once and he jumped the bail. It is also submitted that the petitioner is convicted in a case involving offence under Section 307 of the Indian Penal Code. 4. On hearing both sides and on going through the order of the learned Sessions Judge, I fully agree that if petitioner is granted bail he may not be available for trial. If the petitioner desires to meet his ailing mother, he may seek permission from the court concerned. Annexure D medical certificate shows that the mother of the petitioner was admitted in Holy Family Hospital for “Hypertension” with “Bronchial asthma” and she was discharged on 25.11.2008. Petition is dismissed. K.HEMA, JUDGE vns