IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 Bail Appl..No. 1289 of 2011() ---------------------------------------- ( S.C.NO.1104/2008 OF ADDITIONAL DISTRICT & SESSIONS JUDGE FAST TRACK COURT-1, THIRUVANANTHAPURAM DISTRICT) ------------------------------------- (CRIME NO.4/1995 OF KADINAMKULAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT) -------------------------------- PETITIONER/ACCUSED NO.9 ------------------------------------------- ABDUL RASHEED NASSARUDDIN @ NAZAR VALIAVILAKOM VEEDU,MADANVILA,MADANVILA DESOM, AZHOOR VILLAGE. BY ADVS. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MUHAMMED SRI.V.B.SUJEESH MENON SRI. SHYAM ARAVIND SRI. T.ANILKUMAR SRI.MANU TOM RESPONDENT(S): COMPLAINANT -------------------------------------------------- STATE ,REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.PIN- 682 031 BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - B. A. No.1289 of 2011 - - - - - - - - - - - - - - - - Dated this the 28th day of February, 2011. O R D E R The petitioner, who was the 9th accused in Crime No.4 of 1995 of Kadinamkulam Police Station for offences punishable under Sections 143, 147, 148, 450, 307, 302 and 427 read with Section 149 I.P.C and Section 29 of the Arms Act, seeks his enlargement on bail. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. This case had a chequred career. The occurrence in which one Sakeer was murdered allegedly by 20 persons, took place on 16.01.1995. The case, after committal, was registered as S.C. No. 105 of 1997 before the Sessions Court, Thiruvananthapuram. On 06.09.2003, the trial court convicted accused Nos. 1 to 5, 7, 8 and 10 but acquitted accused persons 6, 9, 13 and 15 to 19. The case against some of the absconding accused were split up. In Crl. Appeal Nos. 1679, 1710 and 2046 of 2003 preferred by them before this Court and in a separate revision filed by the father of the deceased, this Court as per B.A. No. 1289/2011 : 2: common judgment dated 02.09.2005 remanded the cases back to the trial court for disposal afresh after examining CW3 who was allegedly abroad. The case against all the accused persons were thus reopened by this Court. While so, the petitioner who wanted treatment of his son, went abroad on 17.11.2007 for surgery of his son. While the petitioner was abroad, the trial court unsuccessfully attempted to secure the presence of CW3 who was abroad. CW3 was thereafter on 29.12.2007 examined as PW9 through video conferencing. Thereafter on 19.04.2008, the trial court again disposed of the case acquitting accused Nos. 6, 13 and 15 to 19. Since the petitioner was not available for trial, the case against him was split up. On 27.01.2011, the petitioner surrendered before the trial court and was remanded to judicial custody. His application for bail was dismissed on 07.02.2011. Thereafter, the petitioner applied for speedy trial of the case alleging that CW3 who by then had come to India, was about to leave the country. That application has been dismissed on 11.02.2011 and CW3 has in the mean while, gone abroad. The petitioner continues to be languishing in the jail with no sign of the trial and final disposal of the case (S.C. No. 1104 of 2008) in B.A. No. 1289/2011 : 3: the near future. It is at this juncture that the petitioner has again approached this Court. 4. Having regard to the narration of facts as above in which the trial court had once acquitted the petitioner and had once again acquitted the very same accused (except A9) as before, and the petitioner is again facing trail with no immediate prospect of again examining CW3, I think that the continued detention of the petitioner any more is not warranted. The presence of the petitioner during trial can be ensured by imposing appropriate conditions including one for surrendering his passport. Accordingly, the petitioner is directed to be released on bail on his executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Addl. Sessions Court (Fast Track-I), Thiruvananthapuram where the case against the petitioner is pending as S.C. No. 1104 of 2008, and subject to the following conditions: 1. The petitioner shall appear before the trial court on all the dates of posting of S.C. No. 1104 of 2008. B.A. No. 1289/2011 : 4: 2. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 3. The petitioner shall surrender his passport before the trial court before executing the bail bond. 4. The petitioner shall not leave the territory of Kerala State without the prior written permission of the trial court. 4. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. sd/- V.RAMKUMAR, JUDGE. Rv //True Copy// P.A to Judge.