Kerala High Court
Kannan @ Jithu vs State Of Kerala on 1 November, 2024
Author: C.S.Dias
Bench: C.S.Dias
BAIL APPL. NO. 7570 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
BAIL APPL. NO. 7570 OF 2024
CRIME NO.214/2007 OF Mathilakom Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED 10.06.2024 IN CRMP
NO.164 OF 2024 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA
PETITIONER/S:
KANNAN @ JITHU,
AGED 29 YEARS
SON OF MADHAVAN, CHIRATTAPURAKKAL HOUSE,
KOORIKKUZHI DESOM, KAIPAMANGALAM VILLAGE, THRISSUR,
PIN - 680681
BY ADVS.
JITHIN BABU A
ARUN SAMUEL
ANOOD JALAL K.J.
RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADVS.
PUBLIC PROSECUTOR
ADDL.DIRECTOR GENERAL OF PROSECUTION
OTHER PRESENT:
ADGP SRI GRASHIOUS KURIAKOSE ,
SR PP SR PP C K SURESH
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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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C.S.DIAS,J
--------------------------------------------
Bail Application No.7570 of 2024
---------------------------------------------
Dated this the 1st day of November, 2024
ORDER
The application is filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, by the 5 th
accused in Crime No.214/2007 of the Mathilakom Police
Station, Thrissur, which is registered against seven
accused persons for allegedly committing the offences
punishable under Sections 143, 147, 148, 341, 324, 326
and 302 r/w Section 149 of the Indian Penal Code (in
short, 'IPC'). The petitioner was absconding and was
finally arrested on 24.04.2023.
2. The concise case of the prosecution, is that: on
27.03.2007, at around 23:40 hours, the accused persons,
in prosecution of their common intention, had formed an
unlawful assembly and attacked a person named Shine
(deceased) and inflicted fatal injuries on him. The
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deceased lost his life then and there at the spot. Thus, the
accused have committed the above offences.
3. Heard; Sri.Jithin Babu A., the learned counsel
appearing for the petitioner and Sri.C.K.Suresh, the
learned Special Public Prosecutor.
4. The learned counsel for the petitioner
submitted that the petitioner is innocent of the
accusations leveled against him. The petitioner was
unaware of the crime registered against him. The
petitioner was working in the State of Maharashtra. It is
only when the petitioner came down to Kerala in 2023
and when he was arrested, that he became aware of the
present crime. In any given case, the petitioner has been
in judicial custody for the last 1½ years and the trial in
the crime against the other accused has concluded. No
useful purpose will be served in the petitioner's
continued detention. The trial in the crime, as against the
petitioner, has not even commenced. Therefore, the
petitioner may be enlarged on bail.
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5. The learned Public Prosecutor opposed the
application. He submitted that the petitioner is a habitual
offender since he is involved in the present crime and
Crime Nos. 215/2007 and 356/2005 all registered by the
Mathilakom Police Station. It is after the registration of
the present crime, that the petitioner had absconded. It is
after 14 long years that the petitioner was arrested from
the State of Maharashtra. The accused 1, 2, 3, 4 and 7,
who participated in the trial, have been convicted by the
Trial Court. If the petitioner is enlarged on bail, there is
every likelihood of him fleeing from justice and the trial
in the case getting further procrastinated. As of now, the
crime is 17 years old. If the petitioner absconds again,
the trial would get further delayed. By order in
B.A.No.3421/2024 dated 12.06.2024, this Court has
dismissed the application filed by the 2 nd accused, who
had also absconded. This Court has ordered custodial
trial to be conducted as against the 2nd accused. The
petitioner is at par with the 2 nd accused. Therefore, the
application may be dismissed.
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6. When the application came up for consideration
on 30.09.2024, this Court had called for a report from the
Additional Sessions Judge, Irinjalakuda (Trial Court) to
ascertain the status and the reasonable time period that
would be required to dispose of S.C.No.396/2023.
7. Pursuant to the said order, the Trial Court, by
communication dated 08.10.2024, has informed this
Court that the accused 1 and 3 were convicted by the
Trial Court on 09.07.2008 in S.C.No.564/2007. Similarly,
the 4th accused was also convicted on 15.03.2022 in
S.C.No.317/2009, who had also absconded and later
arrested, and the case was split up. The petitioner and
the 2nd accused had also absconded and were arrested at
different times. After they were arrested, the case against
the petitioner is numbered as S.C.No.84/2024 and the
case against the 2nd accused is numbered as
S.C.No.396/2023. The material objects in the cases have
been received. The cases are scheduled to 17.10.2024 for
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framing of charge. The court below would dispose of
S.C.Nos.396/2023 and 84/2024 within six months.
8. The prosecution allegation is that the petitioner
and the other accused had committed the murder of the
deceased.
9. The crime was registered in the year 2007. It is
on record that the petitioner is also an accused in two
other crimes. The petitioner was arrested in all the three
crimes only on 24.04.2023, i.e., nearly after 16 years
after the incident in the present crime. The report of the
Trial Court shows that the accused 1, 3 and 4 have been
convicted in the present crime. The cases against the
petitioner and the 2nd accused were split up and
renumbered as mentioned above. The Trial Court has
stated that the cases would be disposed of within six
months.
10. On a consideration of the peculiar facts and
circumstances of the case, especially that the petitioner
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had absconded for nearly 16 long years and he is also
involved in two other crimes and the other accused have
been convicted in the present crime, I am not satisfied
and convinced that the petitioner is to be enlarged on
bail, since there is every likelihood of him absconding
again and the determination of S.C.No.84/2024 getting
further delayed. Therefore, I am not inclined to allow the
application.
In the result, the application is dismissed.
However, the Trial Court is directed to dispose of
S.C.Nos.396/2023 and 84/2024 within six months from
the date of receipt of a certified copy of this order. The
Registry is directed to communicate this order to the
Trial Court.
Sd/-
C.S.DIAS, JUDGE
rkc/01.11.24
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APPENDIX OF BAIL APPL. 7570/2024
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE ORDER CRL. M.P. NO.
164/2024 IN SC 396/2023 BY ADDITIONAL
DISTRICT COURT, IRINJALAKUDA DATED
10/06/2024.
