In an anticipatory bail application filed by an absconding accused alleging innocence, the Court rejected the claim of fear of arrest due to the long pendency of the split case. The applicant was directed to surrender and seek regular bail.
Application dismissed; applicant directed to surrender and apply for regular 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 ASHOK MENON
WEDNESDAY, THE 12TH DAY OF AUGUST 2020 / 21ST SRAVANA, 1942
Bail Appl..No.4695 OF 2020
CRIME NO.48/2000 OF Nileswar Police Station, Kasargod
PETITIONER/ACCUSED:
STANLY PAUL AGED 51 YEARS, S/O PAUL.C.PAULOSE, PUTHEN VEETIL HOUSE, PANAYELI, KALADI VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT -PIN 683 574
BY ADV. SRI.NISHIN GEORGE VIJAYABABU
RESPONDENT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682031
SRI.AMJAD ALI SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.4695 OF 2020
2
ORDER
Dated this the 12th day of August 2020
This is an application filed under Section 438 of Cr.P.C seeking anticipatory bail.
The applicant is the 2nd accused in Crime
No.48/2000 of Nileswar Police Station, for allegedly committing offences punishable under Sections 465, 467, 468, 471 r/w Section 34 IPC in
furtherance of common intention with the 1st accused.
absconding, the learned Judicial First Class Magistrate-II, Hosdurg proceeded with the trial as CC No.649/2005 against the 1st accused, and found
him guilty and convicted him. The case against the
applicant was split up and refiled as CC No.90/2015. Coercive steps were initiated against
him and he did not appear. Apprehending arrest,
Bail Appl..No.4695 OF 2020
3
the applicant seeks anticipatory bail from this Court on the ground that he is totally innocent and even going by the allegations, it would appear that the 1st accused was the main perpetrator of the crime and that he had little role in the alleged crime. He was not able to conduct the case because he was abroad and unable to defend himself.
old crime in which the trial of the co-accused was completed in the year 2015, and the split-up case refiled as early as five years ago, could still not be disposed of owing to the non-availability of the applicant for trial. He cannot seek refuge from being apprehended by claiming a pre-arrest bail in this case.
The applicant is therefore directed to
surrender before the jurisdictional court, and apply for a regular bail which shall be disposed
Bail Appl..No.4695 OF 2020
of preferably on the very same day, considering
the mitigating circumstances pointed out by the applicant explaining his absence during the whole
time, and also the present pandemic situation.
With these observations, the Bail Application
is disposed of.
Sd/-
ASHOK MENON
JUDGE
SPK
2 issues framed by the court
Whether an absconding accused in a two-decade-old case can claim anticipatory bail based on innocence and lack of role.
Whether the non-availability of the accused during trial disentitles him from seeking bail.
1 provisions across 1 enactments
STANLY PAUL
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
