Second regular bail application by accused No.1 in a murder case pending trial. The court, citing his earlier ten-year absconsion and the risk he would flee again and defeat a fair trial, refused bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 21ST DAY OF MARCH 2024 / 1ST CHAITHRA, 1946
BAIL APPL. NO. 1049 OF 2024
CRIME NO.478/2012 OF Mangalapuram Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.201 OF 2023 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV,
THIRUVANANTHAPURAM
PETITIONER/ACCUSED NO.1:
GOPAKUMAR @ KANNAN
AGED 34 YEARS
S/O GOPINATHAN, RESIDING AT GOPALAKRISHNA
MANDIRAM, PUTHEN NADA ANCHUTHENGU, KADAKKAVOOR,
THIRUVANANTHAPURAM DISTRICT, PIN – 695001.
BY ADVS.
J.R.PREM NAVAZ
PREETHA RANI M.S.
SUMEEN S.
MUHAMMED SWADIQ
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN – 682031.
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
ADDL. STATE PUBLIC PROSECUTOR(AG-28)
SR PP K DENNY DEVASSY
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
05.03.2024, THE COURT ON 21.03.2024 DELIVERED THE
FOLLOWING:
B.A.No.1049/2024 2
A. BADHARUDEEN, J.
================================
B.A. No.1049 of 2024
================================
Dated this the 20th day of March, 2024
O R D E R
This is the second application for regular bail filed by accused No.1 in crime No.478/2012 of Mangalapuram Police Station, Thiruvananthapuram, now pending as S.C.No.201/2023 on
the files of Additional Sessions Court-IV, Thiruvananthapuram, under Section 439 of the Code of Criminal Procedure.
B.A.No.1049/2024 3
driven by the 4th accused. Accordingly, crime alleging commission of offences punishable under Sections 302, 201 r/w 34 of IPC as well as under Section 3(1) r/w 181 of Motor Vehicles Act was registered and thereafter Final Report also was filed on 30.10.2013.
“6. On perusal of the case records, the arguments advanced by the learned Public Prosecutor could be seen, prima
B.A.No.1049/2024 4
facie. In this case, the petitioner was earlier arrested on 04.07.2012 and he had executed bail bond to appear before the Court without fail to facilitate trail. But the petitioner absconded for a long period of ten years. Accordingly, his case was included in the long pending register (L.P.No.23/2018) and the petitioner was arrested after ten years as on 19.12.2022. The allegation against the petitioner is commission of offence of murder.
7. In criminal prosecution availability of witnesses within a reasonable time is an important criteria to effectuate fair trial. The absconsion of the petitioner for a pretty long time in fact would affect fair trial since likelihood of availability of witnesses may loose during the long period of time. Therefore, the petitioner, who absconded for a period of ten years cannot be released on bail for any reason and his trial shall be completed keeping him in custody.”
the Investigating Officer, though it is discernible that accused Nos.2 and 3 were acquitted as per judgment in S.C.No.226 of 2015 dated 22.10.2020, the case of the 1st accused is a matter which requires adjudication by evidence. Since the petitioner is a person absconded for 10 years, if he will be released on bail he would abscond and his presence for trial could not be secured. Therefore, the petitioner cannot be released on bail.
B.A.No.1049/2024 5
Accordingly this bail application stands dismissed.
Sd/-
(A. BADHARUDEEN, JUDGE)
rtr/
B.A.No.1049/2024 6
APPENDIX OF BAIL APPL. 1049/2024
PETITIONER’S ANNEXURES
Annexure A1THE TRUE COPY OF THE JUDGMENT DATED
22.10.2020 PASSED BY THE COURT OF
ADDITIONALSESSIONSCOURT-IV,
THIRUVANANTHAPURAM IN S.C. NO: 226 OF
2015
Annexure A2THE TRUE COPY OF THE ORDER DATED
05.04.2023 IN B.A NO: 2106 OF 2023 PASSED
BY THE COURT OF ADDITIONAL SESSIONS
COURT-IV, THIRUVANANTHAPURAM
Annexure A3THE TRUE COPY OF THE ORDER DATED
27.11.2023 IN CRL.M.C. NO: 6078/2023
PASSED BY THE COURT OF ADDITIONAL
SESSIONS COURT-IV.
1 issue framed by the court
Should accused No.1, in custody since 19.12.2022 after absconding for ten years, be granted regular bail pending trial for murder?
3 provisions across 3 enactments
Gopakumar @ Kannan
State of Kerala
A. Badharudeen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court