IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 Bail Appl..No. 10439 of 2011 C.P.NO.21 OF 2011 ON THE FILE OF THE COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS II, ALUVA. PETITIONER/ACCUSED NO.2: -------------------------------------------- ROBERT SUBRAMANIAN, AGED 27 YEARS, S/O.SUBRAMANIAN, ROSHAN VILLA, MUPIANAD VILLAGE, ARAPPATTA, MEPPADY, WAYANADU. BY ADV. SRI.JOSHY THOMAS SMT.K.A.MINA RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REP.BY S.I.OF POLICE, KALAMASSERY POLICE STATION, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO.10439 OF 2011 ------------------------------------------------------ Dated this the 20th day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in C.P.No.21 of 2011, on the file of the Court of the Judicial Magistrate of the First Class II, Aluva. 2. The offence alleged against the accused is under Section 302 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the petitioner is a close associate of accused No.1 (Mallika Madhavan), who was running a massage parlour under the guise of running an Ayurveda hospital. The deceased was working in that massage parlour. The accused compelled the deceased to massage males. The deceased refused. There was quarrel between the accused and the deceased. It is alleged that the accused poured kerosene on the body of the deceased and ignited a match box. The deceased sustained more BAIL APPL. NO.10439 OF 2011 :: 2 :: than 70% burn injuries and she succumbed to the injuries. 4. The petitioner and accused No.1 were granted bail during the crime stage. After filing the charge sheet, committal proceedings were initiated in 2006. The accused were absconding. They could not be traced out. The case was treated as long pending and numbered as L.P.No.111 of 2010. The petitioner was arrested as the learned Sessions Judge dismissed the Bail Application. 5. From 2006 onwards the petitioner was absconding. The case is an old one. If the petitioner is released on bail at this stage, it is almost certain that he would abscond. There is no justifiable ground to release the petitioner on bail. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/