Application for bail dismissed. Court held that since the case against co-accused reached Section 313 stage and petitioner absconded, no guarantee of availability exists.
Bail application dismissed; petitioner not released on bail.
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 SUNIL THOMAS
MONDAY, THE 16TH DAY OF JULY 2018 / 25TH ASHADHA, 1940
Bail Appl..No. 4810 of 2018
CRIME NO. 445/2004 OF PERINGOME POLICE STATION , KANNUR
PETITIONER(S)/ACCUSED NO.1
ILLIYAS @ RIYAS, AGED 41/18 S/O MUHAMMED, EDAYAKKARA HOUSE, SREEKANDAPURAM AMSOM, PAYANGAD, KANNUR (DT) PRESENTLY RESIDING AT NELLIPARAMBA HOUSE KUTTIYERI (PO) NEAR KK MARA MILL, THALIPARAMBU KANNUR (DT)
BY ADVS.SMT.MRINUAAL
SRI.A.JOSEPH GEORGE (AZHIKKAKATH) SRI.AMEER.K.M.
RESPONDENT(S)/COMPLAINANT & STATE:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031..
BY PUBLIC PROSECUTOR SMT.V.SREEJA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.AV
SUNIL THOMAS, J
B.A.No.4810 of 2018
Dated this the 16th day of July, 2018
O R D E R
The petitioner herein is the accused in C.P.No.49/2018 of Judicial First Class Magistrate Court, Payyannur arising from crime No.445/2004 of Peringome Police Station for offences punishable under sections 366, 368, 376 read with 34 of the Indian Penal Code and sections 4, 5 and 6 of Immoral Traffic (Prevention) Act.
B.A.No.4810 of 2018
2
bail on a contention that the petitioner was abroad and summons was served on him in his old address. It was also submitted that there is nothing to show that the petitioner herein had voluntarily absconded from law. It was further contended that the petitioner herein, who was abroad, used to travel frequently to India and had even constructed a house in his native place. It showed that he was very much available and that no attempt was made by him to evade the judicial process, it was contended.
B.A.No.4810 of 2018
3
bail at this stage. Having considered this, I am not inclined to grant bail to the petitioner herein at this
stage.
Bail application fails and is dismissed.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
//True Copy//
PA to Judge
3 issues framed by the court
Whether bail can be granted to the accused who absconded and was recently arrested pending trial at final stage of Section 313 stage.
Whether the petitioner's claim that summons were served at old address while being abroad justifies bail release.
Whether any guarantee regarding petitioner's availability can be ensured if released on bail.
3 provisions across 3 enactments
Illiias @ Riyas
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
