IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3398 of 2009()
1. ARUN, S/O.SATHYAN, KIZHAKKATHIL VEEDU,
... Petitioner
Vs
1. THE CIRCLE INSPECTOR OF POLICE,
... Respondent
For Petitioner :SRI.SASTHAMANGALAM S. AJITHKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :25/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.3398 of 2009
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Dated this the 25th day of June, 2009
ORDER
This is an application for regular bail filed by the accused in
Sessions Case No.1688 of 2008 on the file of the Additional
Sessions Judge, Fast Track Court-I, Thiruvananthapuram.
2. The offences alleged against him are under Sections
120(B), 143, 147, 148, 341, and 302 read with Section 149 of
the Indian Penal Code.
3. The petitioner was granted bail at the investigation
stage of the case. It is submitted by the public prosecutor that
while on bail, the petitioner committed another offence.
Thereafter, the petitioner did not appear before court. The case
against him was split up as he was absconding. Later, he was
arrested and produced before court.
4. The petitioner moved for bail. That was not granted.
He filed a Bail application before the High Court. That Bail
Application was dismissed with an observation that the petitioner
may move another Bail Application later before the trial court.
BA No.3398/2009 2
The petitioner thus moved an application for bail. That was
allowed on condition that the petitioner should report before the
C.I. of Police on every alternate day. It is stated that the
petitioner complied with the conditions till 20.3.2009.
Thereafter, he did not report before the police. Warrant for
arrest was issued. He was arrested on 15.5.2009. The petitioner
moved an application for bail. That application was dismissed by
the court below by Annexure C order dated 23rd May 2009.
5. The learned public prosecutor submits that the
petitioner is involved in several other cases including one murder
case apart from the murder case in which case he is facing trial.
The petitioner did not comply with the conditions imposed while
granting bail. It is submitted by the counsel for the petitioner
that the petitioner was under treatment for quite sometime. The
court below accepted the case of the petitioner that from
22.3.2009 to 23.3.2009, he was under the treatment in the
Medical College Hospital, Thiruvananthapuram, and that from
25.3.2009 to 22.4.2009 he was an inpatient in the Government
Ayurveda College Hospital, Thiruvananthapuram. Even after
BA No.3398/2009 3
discharge from the hospital on 22.4.2009, he did not report
before the police. Hence, warrant for arrest was issued by the
court on 29.4.2009. The Sub Inspector of Police could not
execute the warrant as the petitioner was not found at his
residence. Later, on 15.5.2009, he was arrested.
6. The court below did not accept the explanation given
by the petitioner for his non appearance before the police. The
petitioner was absconding at the trial stage. Later, bail was
granted. He did not comply with the conditions granting bail.
Even while on bail, he committed other offences. In these
circumstances, I do not think that the petitioner is entitled to get
bail.
The Bail Application is accordingly dismissed.
K.T.SANKARAN,
JUDGE
csl