Abdul Kahader A @ Khader vs State Of Kerala

P.V.Kunhikrishnan, J.

This is the second bail application filed in Crime No.38 of 2018 of Bekal Police Station, Kasaragod. The above case is now pending before the

Sessions Court, Kasaragod as SC No.654 of 2018. the offences alleged are under Section 449, 397 and 302 r/w. Section 34 IPC.

The prosecution case is that accused Nos.1 to 4 had engaged in a criminal conspiracy for the commission of dacoity in the house of the victim

Subaida and they in furtherance of their common intention on 16.1.2018 at about 2.45 p.m trespassed in to her residential premises at Pullur-Periya

Grama Panchayat in a motor car and thereafter, on 17.1.2018 at 1.30 p.m the accused Nos. 1 to 4 in furtherance of their common intention,

trespassed into her house and caused her to become unconscious by suffocation. They committed robbery on her and thereby snatched gold

ornaments weighing 5 ½ sovereigns having an approximate value of Rs.1,18,000/-. It is further alleged that accused Nos.1 to 4 in furtherance of

their common intention had committed murder of the said Subaida while committing robbery on her during the course of the same transaction. Hence

it is alleged that the accused committed the offences.

This Court after considering the contentions of the petitioner and the prosecution, dismissed the bail application as per Annexure A1 order. This

Court also directed the trial court to expedite the trial in SC No.654 of 2018. Since the trial is not concluded, the petitioner again approached the

Sessions Court with another bail application as Crl.M.P.No.2087 of 2021. The learned Sessions Judge dismissed the bail application in the light of the

fact that this Court denied the bail application of the petitioner as per Annexure A1 order. There is no consideration of the facts on merit. Since this

Court dismissed the bail application as per Annexure A1 order, the court below dismissed the bail application. But if there is any change of

circumstances, the petitioner is free to approach the Sessions Court with a fresh bail application. If such a bail application is received, the Sessions

Court will consider the same and pass appropriate orders in it, in accordance to law. I make it clear that, in this bail application, this Court did not

consider the matter on merit. The Sessions Jude is free to pass appropriate orders, in accordance to law.

Therefore, this bail application is disposed of in the following manner:

The petitioner is free to approach the Sessions Court with a Bail Application, if there is any change of circumstances.

If such a bail application is filed, the Sessions Judge will consider the bail application and pass appropriate orders in it, in accordance to law.