Mareeswaran@Marish vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Feb 28, 2023

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Citation: sooperkanoon.com/1334639
Court: Kerala Orders High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: Feb 28, 2023
Case Number: Bail Appl./850/2023

Parties & Advocates

Appellant / Petitioner

Mareeswaran@Marish

Respondent

State of Kerala

Excerpt

.....on the same day delivered the following:orderthis is an application filed under section 439 of the code of criminal procedure seeking regular bail.2. the petitioners are accused nos.1 and 2 in s.c.no.401 of2019 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.3. heard both sides .4. in fact, the petitioners were released on bail as early as inthe 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 willagain 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. sd/- dr.kauser edappagath, judge as

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 28TH DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944 CRIME NO.367 OF 2018 OF SANTHANPARA POLICE STATION, IDUKKI DISTRICT S.C.NO.401 OF 2019 ON THE FILES OF THE SESSIONS COURT, THODUPUZHA
PETITIONER/ACCUSED: 1 MAREESWARAN@ MARISH, AGED 25 YEARS S/O MARIMUTHU, PERIYAKANAL CENTRAL DIVISION, 2 ARUN, AGED 24 YEARS S/O CHINNU, PERIYAKANAL CENTRAL DIVISION, N.K.SHYJU GIREESH PANKAJAKSHAN ANANYA M. VISHNU MOHAN RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 P.NARAYANAN, SENIOR G.P. SHRI.SAJJU.S., SENIOR G.P THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

2. 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.

3. Heard both sides .

4. 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. Sd/- DR.KAUSER EDAPPAGATH, JUDGE AS

Same Court & Year Kerala Orders · 2023 Same Parties Mareeswaran@Marish vs State of Kerala Same Judge Honourable Dr. Justice Kauser Edappagath