SYAM Vs. STATE OF KERALA

JUDGEMENT

(1.) Applications for regular bail under Section 439 Cr. P. C. The applicant named Syam in all the three bail applications is seeking bail in three Crimes in which he is involved. He is the 1 st accused in Crime No.1068 of 2010 of Medical College Police Station for which he has filed B.A.No.4570 of 2020, pending trial as S.C.No.780 of 2017. He is the 5 th accused in Crime No.361 of 2001 of Medical College Police Station, pending as S.C.No.05 of 2013 for which he has filed B.A.No.4572 of 2020 and B.A No.4577 of 2020 relates to Crime No.81 of 2000 of Cantonment Police Station, pending as S.C.No.968 of 2015, in which he is the 6th accused. All the three cases are pending trial before the II Additional Sessions Court, Thiruvananthapuram.

(2.) The applicant had allegedly committed offences punishable under Sections 489 (A) (B) (C) and (D) in these three cases and the offences relate to counterfeiting of currencies. He was released on bail in all these crimes at the Crime stage itself. But, subsequent to the committal of Crime No.1068 of 2010 of the Medical College Police Station, the applicant did not appear for facing the trial, in consequence of which, his bail was cancelled and non bailable warrant issued. In S.C.No.05 of 2013, he was appearing after committal and was also released on bail. But, subsequently defaulted his appearance, in consequence of which, his bail was cancelled and non bailable warrant was issued against him by the court. In S.C.No.968 of 2015 too, he was released on bail, after the committal, but he did not appear subsequently, and non bailable warrant has been issued, though bail was not cancelled.

(3.) The applicant states that he was seriously ill, because of heart ailments. He has produced his treatment record, which indicates that he underwent surgery for implant of stent at the Amrita Institute of Medical Sciences, on 18.05.2019 and could not regularly appear to attend the Court. Documents produced by him indicate that he had Coronary Artery Disease, Class(II) Angina and he also had tested positive for inducible Ischemia. Under the circumstances, he found it difficult to walk and attend to his daily chores. He could not inform his counsel about his absence and therefore, warrant has been issued in all the three cases with cancellation of bail in the first two cases referred to above. The applicant states that he is willing to comply with any condition that may be imposed, and may be released on bail.