The court held that an accused who previously absconded may be granted bail if they are currently in custody and the co-accused has been acquitted, as further detention is not necessary to secure their presence for the trial.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.09.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

C.S.DIAS, J.

---------------------------------------------Bail Appl. No. 4946 of 2026 -----------------------------------------------Dated this the 8th day of September, 2026

ORDER

The petitioner is the accused in LPC No.8/2025 in SCNo.442/2024 on the file of the Court of the Special Judge for the Trial of Offences against Women and Children/Additional Sessions Judge-I, Thalassery (‘Trial Court’, for short), which has originated from Crime No.939/2012 registered by the Mayyil Police Station, Kannur alleging that the accused persons have committed the offences punishable under Sections 306 and 498A read with Section 34 of the IndianPenal Code.

2. The gist of the prosecution case is that: the marriagebetween the petitioner and the daughter of CW1 was solemnised on 18.06.2007. They had a child born in their wedlock. Due to cruelty that was meted out by the accused persons, on 22.10.2012, the wife and child of the petitionercommitted suicide by jumping into the well.

3. I have heard the learned Counsel for the petitionerand the learned Public Prosecutor.

4. The learned counsel for the petitioner submittedthat the petitioner is totally innocent of the accusations levelled against him. There is no materials to substantiate the petitioner’s culpability in the crime. The petitioner has been in judicial custody since 20.08.2026. In fact the petitioner was enlarged on bail at the crime stage. It was only because the petitioner was employed abroad, he could not appear before the Trial Court. It was in the above circumstances that the petitioner was remanded to judicial custody. The petitioner is ready and willing to cooperate with the trial. The petitioner does not have any antecedents. Hence, the petitioner may beenlarged on bail.

5. The learned Public Prosecutor seriously opposed theapplication. He submitted that the crime is of the year 2012. The case against the petitioner was split up and the Trial Court had acquitted the 2nd accused. It is after steps under Sections 82 and 83 of the Cr.P.C. was taken and the case was transferred to the Long Pending Register that the petitioner was arrested with the greatest difficulty. If the petitioner is enlarged on bail, there is every likelihood of him fleeing from justice and the trial in the case getting further protracted.Therefore, the petitioner may not be enlarged on bail.

6. The materials on record reveal that the petitionerwas enlarged on bail at the crime stage. It is thereafter that the petitioner did not appear before the Trial Court as per the condition in the bail order. Consequently, the case against him was split up, the trial as against the 2nd accused was conducted, and the 2nd accused was acquitted on 01.07.2024. It is only on 20.08.2026 that the petitioner was arrested and was remanded to judicial custody. Taking into consideration the antecedents of the petitioner for not participating in thetrial, the Trial Court has dismissed the application for bail.

7. Undisputedly, the petitioner is in judicial custodysince 20.08.2026, which is nearly 20 days now. Considering the fact that absconding charge is filed against the petitioner and the 2nd accused has already been acquitted, I do not find any purpose in the petitioner being kept in judicial custody for the purpose of securing his presence for the trial in the case.

Hence, I am inclined to allow the bail application.

In the result, the application is allowed, by directingthe petitioner to be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the followingconditions:

(i) The petitioner shall appear before the Trial Court on all posting days in person.

(ii) The petitioner shall not directly or ind