Judgment · High Court · 2007

V.RAMKUMAR, J-----------------------------------------B.A.NO. 3227/2007-----------------------------------------Dated this the 1st day of June, 2007 ORDERThe second accused in Crime No.137/2006 of Hill PalacePolice Station for offences punishable under Sections 143, 147,148, 449, 324, 326, 307, 302, 427, 201 and 120B read withSection 149 IPC and Sections 3 and 4 of the Explosive SubstanceAct 1908 and Section 27 of the Arms Act 1959 seeksenlargement on bail. The occurrence took place on 6.3.2006. Thepetitioner was arrested on 29.3.2006. His earlier applications forbail were rejected.2. Sri.P.G.Thampi, Director General of Prosecution opposedthe application submitting inter alia this is a ruthless murder andthat if the petitioner is released on bail, he will make himselfscarce and flee from justice as has been done by the firstaccused and that proceedings are pending before theGovernment for the appointment of a competent criminal lawyeras is a Special Public Prosecutor. B.A.No. 3227/2007 :2: 3. The last 2 or 3 bail applications of the petitioner weredismissed in the hope that a Special Public Prosecutor would beappointed at the earliest and trial of the case would be over inthe shortest possible time. But that has remained to be myth. Right to speedy trial is a fundamental right guaranteed topersons like the petitioner. There is no dispute that out of the 11accused persons involved in the case, accused Nos.4 and 6 havenot been arrested and the first accused is absconding andaccused Nos. 3,5, 7, 8, 10 and 11 have been granted bail andaccused No.9 has not applied for bail. Even though accusedNos.2,3,5,7,8,9,10 and 11 are facing trial before the IIndadditional Sessions Court, Ernakulam in SC 436/2006, the trialcould not be proceeded with on account of the delay in theappointment of the Special Public Prosecutor. Such a state ofaffairs cannot go on indefinitely since the petitioner has beenlanguishing in prison from 29.3.2006. Under thesecircumstances, I am constrained to grant bail to the petitionerbut on stringent conditions. Accordingly, the petitioner is directedto be released on bail on his executing a bond for Rs.25,000/=(Rupees Twenty five thousand only) with two solvent sureties B.A.No. 3227/2007 :3: (each of whom shall produce solvency certificates) each for thelike amount to the satisfaction of the IInd Additional SessionsCourt, Ernakulam and subject to the following conditions:1) Petitioner shall confine himself to thelimits of Alappuzha and Ernakulam Districts.2) The petitioner shall report before theSheristadar of the Sessions Court, Ernakulambetween 10 a.m. and 11 a.m. on all Wednesdays.3) The petitioner shall not influence orintimidate the prosecution witnesses nor shall heattempt to tamper with the evidence for theprosecution.4) The petitioner shall not commit anyoffence while on bail.If the petitioner commits breach of any of the aboveconditions, the bail granted to him shall be liable to be cancelled. Bail Application is allowed as above.V.RAMKUMAR, JUDGEcss/ B.A.No. 3227/2007 :4: css/ B.A.No. 3227/2007 :5: