IBRAHIM @ IBRAHIM ALOOR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) VIRAJPET Police filed charge sheet in Crime No.101/1999 on 10.9.1999 for the offence punishable under Section 379 read with Section 34 of IPC against 8 accused persons, which came to be registered as C.C.No.1174/99 on the file of the Virajpet. In the charge sheet the petitioner was arrayed as accused No.8 and was shown as absconding. The petitioner and other accused persons were alleged to have committed theft of Tata Sumo vehicle bearing registration No.KA- 12-5468 belonging to CW.1-B.T.Sukumar, resident of Banjarpet, Virajpet, Kodagu District from near the house where he had parked the vehicle in the intervening night of 27/28.5.1999. Though on several occasions non-bailable warrants were issued against this petitioner, they were returned unexecuted and ultimately the case against this petitioner and other accused persons who were not available, came to be split up and C.C.No.1174/99 was proceeded only against accused No. 7 which ended in conviction of accused No.7. Split up chargesheet in C.C.No.144/99 registered against this petitioner and few other accused persons were thereafter transferred to the register of long pending cases. Ultimately, the petitioner was apprehended and produced before the learned Magistrate on 27.7.2012 on which day he was remanded to judicial custody. His application filed for bail came to be rejected by the learned Magistrate as well as by the learned Sessions Judge mainly on the ground that the petitioner had absconded from the place for more than 13 years and on account of this, the trial of the case was split up and it has been pending over 13 years. Therefore, the petitioner has presented this petition.

(2.) THE petition is opposed by the respondent - State.

(3.) IT is the contention of the learned counsel for the petitioner that the petitioner was very much available in the address furnished in the cause title of the petition and he had not absconded from the place and the police have deliberately made a false report that the petitioner has absconded from the place. He further contended that the petitioner is a law abiding citizen having deep roots in the society having permanent residence at Muliyar Post, Kasargod District, Kerala State and that he would undertake to abide by all the conditions that may be imposed by this Court.