IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7596 of 2008()
1. BAIJU @ KUNJUKUTTAPPAN, S/O.KUTTAPPAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.A.C.DEVY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :14/01/2009
O R D E R
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