The decision highlights that repeated absconding and criminal history can outweigh claims for bail, emphasizing the need for trial integrity.

O R D E R

Dated this the 17th day of May 2021 Application for regular bail under Section 439 of Cr.P.C.

The applicant is the 1st accused in Crime No.710/2010 of Nadapuram Police Station for having allegedly committed offences punishable under Sections 143, 147, 148, 341, 323, 324, 153A, and

395 r/w Section 149 of IPC.

2. The applicant was earlier granted bail by the jurisdictional court, he absconded and the case against the remaining accused split up and they were tried. The applicant was subsequently apprehended and again granted bail but he again absconded. Twice he absconded and the case against him was split up and consigned to the register of Long Pending Register, first as LP No.2/2016 and presently as LP No.41/2019. He appears to be incorrigible has no intention to cooperate with the trial.

3. The applicant states that he is innocent. The rest of the accused were tried and acquitted by the court vide Annexure-IV judgment. The applicant is also not likely to be convicted if subjected to trial. Moreover, during these pandemic days, decongestion of the prison is very important. And hence, the applicant seeks bail. It is also submitted that the applicant was granted interim bail by this court to conduct his brother's wedding and after a week, he surrendered. That itself would show that he is willing to cooperate with the trial and may not flee again.

4. Heard the learned counsel for the applicant Sri.

T.G.Rajendran and the learned Public Prosecutor Sri.Santhosh Peter.

5. The learned Public Prosecutor has vehemently opposed the application for bail stating that the applicant has been involved in several cases. He has criminal antecedents and another case against him is also consigned to the Long Pending Register. In case he is released on bail, there is every possibility that he may abscond again and the trial may not be completed in his absence. In case, the evidence against the rest of the accused was not sufficient to convict them, the applicant should also be directed to face trial and get an acquittal. But in case he is released on bail there is a possibility that the case may again have to be consigned to the Long Pending Register. The case has been pending since 2010.

The applicant absconded twice and twice the case was consigned to the Long Pending Register. Under the circumstances, I find that the applicant does not deserve any indulgence from this Court. The application for bail is to be rejected and the trial court is directed to take the matter on the file and proceed with the trial and dispose of the case as expeditiously as possible in view of the fact that the witnesses in the connected matter were already examined and there will not be any difficulty in expediting the trial. The application is dismissed.