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Judgment
6 paragraphs · 294 wordsDr. Kauser Edappagath, J
This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
The petitioners are accused Nos.1 and 2 in S.C.No.401 of 2019 on the files of the Sessions Court, Thodupuzha (for short 'the court below') (Crime No.367 of 2018 of Santhanpara Police Station, Idukki District). The offences alleged are punishable under Sections 302 and 201 r/w 34 of IPC.
Heard both sides .
In fact, the petitioners were released on bail as early as in the year 2018. Thereafter, they absconded and non bailable warrant was issued against them. Ultimately after four years, they surrendered before the court below on 30.11.2022 and they were remanded to custody. In fact, once the case was scheduled for trial from 18.05.2018 to 18.06.2018, but, due to the absence of the petitioners, the trial could not take place. The petitioners are natives of Tamil Nadu. They are involved in a serious offence of murder. After releasing on bail, they absconded for a continuous period of two years. The submission of the learned Public Prosecutor that if they are released on bail, they will again abscond and would not be available for trial cannot be ruled out. The learned Public Prosecutor submits that the case is ripe for trial and it can be scheduled. In these circumstances, I am of the view that the petitioners cannot be released on bail, instead, a direction can be given to the court below to schedule the trial and dispose of the case at the earliest.
In the result, the bail application is dismissed. The learned Sessions Judge, Thodupuzha, is directed to schedule S.C.No.401 of 2019 for trial at the earliest and dispose of it as expeditiously as possible.