IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 Bail Appl..No. 4099 of 2010() ----------------------------- SC.499/2009 of ADDITIONAL DISTRICT COURT (ADHOC), ERNAKULAM .................... (CRIME NO.154/2004 OF PALARIVATTOM POLICE STATION) PETITIONER/ACCUSED -------------------------------------- THIRUMALI KUMAR, S/O.VELUSWAMY, AGED 33 YEARS, BLOCK 3/76A, SOUTH PANVADALI, SANKARANKOVIL, THAMILNADU. BY ADV. SRI.M.J.SANTHOSH RESPONDENT(S): COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION, REP. BY STATE OF KERALA, THROUGH THE GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.4099 OF 2010 -------------------------------- Dated this the 13th day of July 2010 ORDER This petition is for bail. 2. The alleged offence is under Section 402 of IPC. According to prosecution, on 13/07/2004, at about 10:00 p.m, police received information that petitioner along with other accused assembled to commit dacoity and they were making preparations of dacoity. Police came to the spot and arrested the petitioner. 3. Learned counsel for the petitioner submitted that he could not appear in court because he did not receive any summons. Warrant was issued against him and petitioner was arrested on 18/11/2009. Two cases in which petitioner was implicated ended in acquittal. Petitioner is having a permanent address and there is no chance for absconding, it is submitted. 4. This petition is opposed. Learned Public Prosecutor pointed out that two applications for bail were filed before this court earlier. Some contentions were raised by petitioner and this court found that it is likely that petitioner would abscond. It is also pointed out that crime was registered as early as in 2004 and petitioner could be arrested only after five years. He was granted bail at the crime stage and he absconded. B.A No.4099 OF 2010 2 5. On hearing both sides report was called for from the learned Additional Sessions Judge (Adhoc-I), Ernakulam before whom the case is pending. Learned Additional Sessions Judge (Adhoc-I) reported that the trial can be completed, and the case can be disposed of, before 20/08/2010. In the light of the said report, I do not think it fit to grant bail to petitioner at this stage, especially since, he was absconding for five years. 6. However, it is made clear that if there is any delay in disposal of the case and if there is any change of circumstances depending upon evidence adduced, petitioner will be at liberty to move the trial court itself for bail. Petition is dismissed. K.HEMA JUDGE vdv