Held bail application dismissed as petitioner remained absent for significant periods causing trial delay; no reason found to enlarge bail given pending witness examinations.
Petition pending for bail granted to petitioner dismissed as trial delayed due to petitioner's abscondance and absence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 23RD DAY OF JANUARY 2018 / 3RD MAGHA, 1939
Bail Appl..No. 128 of 2018 --------------------------CRIME NO. 655/2003 OF ALAPPUZHA NORTH POLICE STATION , ALAPPUZHA ----------
PETITIONER/1ST ACCUSED
THAJUDEEN, S/O. MUHAMMAD KUNJU, KARUKAPARAMBIL VEEDU, MANNANCHERRY PANCHAYATH, WARD NO. XI, ALAPPUZHA.
BY ADV.SRI.MATHEW JAMES
RESPONDENT/STATE:
STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ALAPPUZHA NORTH POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031
BY PUBLIC PROSECUTOR SRI SAJJU.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
RAJA VIJAYARAGHAVAN V, J
B.A No.128 of 2018
Dated this the 23rd day of January, 2018
ORDER
B.A No.128 of 2018 2
absent on 7.10.2007 and the bail granted to him was cancelled. Notice was issued to the sureties. His presence was later secured and the trial was proceeded with. While so, on 21.10.2010, on which day, the case was posted, he remained absent. He was finally arrested and produced after about 7 years on 6.12.2017.
This petition will stand dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE AD //TRUE COPY// P.A TO JUDGE
2 issues framed by the court
Whether bail should be granted to a petitioner accused of economic offenses who was absent for a long period during trial before being arrested.
Whether the petitioner's previous act of abscondance and the resultant trial delay precludes bail relief at this stage.
1 provisions across 1 enactments
Thajudeen, S/O. Muhammad Kunju
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
