The court established that non-appearance at a specific hearing was not deliberate, allowing for bail based on reasonable circumstances.

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking regular bail.

2. The applicant is the accused No.1 in Crime No.1284/2017 of Kattappana Police Station, Idukki District now pending as SC No.53/2019 before the IV^th Additional Sessions Court, Thodupuzha. The offences alleged are punishable under Sections 302 , 394, 397 and 449 read with Section 34 of the IPC .

3. The prosecution case, in short, is that the applicant and other two accused trespassed into the house of the deceased on 2.10.2017, committed murder of the deceased, further robbed her gold ornaments and mobile phone and thereby committed the offences.

4. The applicant was on bail. However, he remained absent before the trial court when the case was posted for framing of charge. Accordingly, non bailable warrant (NBW) was issued. He was arrested and produced before the court. The bail application moved by him was dismissed and he was remanded to custody. Annexure 4 is the order of the trial court. It is thereafter, the applicant has approached this Court with the above application seeking regular bail.

5. I have heard Sri. Latheesh Sebastian, the learned counsel for the applicant and Sri. C.K. Suresh, the learned Special Public Prosecutor. Perused the case diary.

6. The learned counsel for the applicant submitted that the failure on the part of the applicant to appear before the trial court on the date when the case was posted for framing charge was not deliberate and an application to condone the absence was filed through his lawyer. On the other hand, the learned Special Public Prosecutor submitted that on earlier occasion also, NBW was issued against the applicant. It is further submitted that the case is scheduled for trial in the month of February, 2026.

7. Annexure 3 is the proceedings paper. It would show that since the applicant failed to appear before the trial court, NBW was issued against him. However, he surrendered before court on 21.8.2025 and he was released on bail. On the next posting date, i.e., on 30.8.2025, he was present. The case was adjourned to 17.9.2025 for framing charge. On that day, he was absent, but represented through lawyer. Hence, the case was adjourned to 7.10.2025. On that day also, the applicant was absent. The application filed by him was dismissed and NBW was issued. The learned counsel for the applicant submitted that the applicant is a native of Tamil Nadu and since the case is scheduled for trial in the month of February, 2026, unless he is released on bail, he cannot give instructions to his advocate to defend his case properly. Considering all these aspects, I am of the view that the applicant can be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail on executing a bond for ₹1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall appear before the Station House Officer, Kattappana between 10.00 a.m and 11.00 a.m. every Saturday until further orders. However, if the case is posted for trial on Saturday, he need not appear before the SHO on that day.

(iii) The applicant shall not commit any offence of a like nature while on bail.

(iv) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(v) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(iv) The application, if any, for deletion/modif