IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6487 of 2009()
1. MANOHARAN, S/O.KOCHURAMAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.PREMCHAND R.NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :17/11/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 6487 OF 2009
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Dated this the 17th day of November, 2009
O R D E R
This is an application for bail under Section 439 of the Code of
Criminal Procedure. The petitioner is the accused in C.P.No.194 of
2009, on the file of the Court of the Judicial Magistrate of the First
Class II, Kottarakkara.
2. The offence alleged against the petitioner is under Section
511 of 376 of the Indian Penal Code.
3. The crime was registered as Crime No.211 of 2000 of
Chadayamangalam Police Station. The case was pending before
the Judicial Magistrate of the First Class II, Kottarakkara and, at that
time, the petitioner did not appear. He absconded. The case was
treated as long pending case and it was numbered as L.P.No.72 of
2003. The Court issued non-bailable warrant for the arrest of the
petitioner. The case is now pending as C.P.No.194 of 2009 before
the Court of the Judicial Magistrate of the First Class II, Kottarakkara.
B.A. NO. 6487 OF 2009
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4. The petitioner surrendered before Court on 7.10.2009 and
he was remanded to judicial custody. The petitioner moved for bail.
Learned Sessions Judge dismissed the application for bail by the
order dated 19.10.2009.
5. It is submitted by the learned Public Prosecutor that after
the date of occurrence, the petitioner was absconding and that he
could not be arrested at all. If the petitioner is released on bail, there
is every likelihood of the petitioner making himself scarce. It is also
submitted by the learned Public Prosecutor that the learned Sessions
Judge has rightly dismissed the application for bail.
6. Taking into account the facts and circumstances of the
case, I am not inclined to grant bail to the petitioner. The petitioner
was absconding all through out. In spite of repeated non-bailable
warrants having been issued, presence of the petitioner could not be
procured before Court. If the petitioner is released on bail, it is most
likely that he may abscond again as rightly pointed out by the learned
Public Prosecutor. The crime was registered in the year 2000 and
the petitioner surrendered before Court after nine years.
B.A. NO. 6487 OF 2009
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In the facts and circumstances of the case, the Bail Application
is dismissed.
(K.T.SANKARAN)
Judge
ahz/