The court emphasized that the serious nature of the crime and the applicant's long abscondence justified the denial of bail.

O R D E R

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.2 in Crime No.409/2012 of Keezhvaipur Police Station, Pathanamthitta District. The offences alleged are punishable under Sections 302 , 120(B), 397, 394, 364, 342, 449 and 109 r/w Section 34 of the IPC .

3. The prosecution case, in short, is that on 04.07.2012, the applicant along with other accused persons trespassed into the premises of Sri Kallooppara Devi Temple with the intention to commit theft of gold ornaments, assaulted the security personnel, committed the murder of a local resident, stole gold ornaments from the sanctum sanctorum, and thereafter escaped from the scene and thereby committed the offences.

4. I have heard Sri.Anandhu Satheesh, the learned counsel for the applicant and Sri.C.K.Suresh, the learned Special Government Pleader. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Special Government Pleader submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on

23.07.2025. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. The crime is of the year 2012. The applicant was enlarged on bail in the year 2012. However, he absconded for a long period. He could be re-arrested only after 13 years, i.e., on 23.07.2025. Hence, there is every possibility that, if he is released on bail, he will abscond again. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.

Sd/-