Johnson @ Sibi vs State Of Kerala

P. G. Ajithkumar, J

This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973.

The petitioner is the accused in L.P.No.19 of 2008 pending before the Assistant Sessions Court, Alappuzha. He allegedly had committed the offences punishable under Section 55(a) of the Abkari Act.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The incident in question occurred in the year 2002. There were two accused. The case against accused No.1 alone could be tried in Sessions Case No.462 of 2004. She was convicted. Since the petitioner fled from the process of the court, case against him was refiled as Sessions Case No.425 of 2006 and later transferred to the register of long pending cases as L.P. No.19 of 2008. Eventually the petitioner was arrested and produced before the court on 18.03.2024.

The application for bail filed by the petitioner as Crl.M.P. No.355 of 2024 was dismissed by the trial court. The trial court took the view that petitioner remained absconded for about 19 years and therefore he was not entitled to be released on bail.

Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor, and considering the nature and circumstances of the case, I am of the view that further detention of the petitioner pending the trial is unnecessary. By ensuring his presence for the purpose of the trial of the case, he can be granted bail.

In the result, the bail application is allowed and the petitioner is granted bail on his executing a bond for Rs.1,00,000/- (Rupees One lakh only), with two solvent sureties for the like amount each, to the satisfaction of the trial court, subject to the following conditions:

(i) He shall not influence or intimidate witnesses or tamper with evidence;

(ii) During the bail period, he shall not get involved in any offence.

(iii) The petitioner shall surrender his passport before the trial court and if he does not have a passport, he shall submit an affidavit to that effect.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.