NISHIL Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the 11th accused in Crime No.333/2005 of Alathur Police Station. The case is of the year 2005. Once he was granted bail in this case also. It is alleged that the deceased and his brother were running single digit lottery business. Accused Nos.1 and 2 were also in that field of business and the offence was committed due to business rivalry. The offence was committed with the help of hired goondas. The petitioner was released on bail in November, 2005. The petitioner violated the terms of the order granting bail. On the application of Circle Inspector of Police, bail granted to the petitioner was cancelled as per the order dated 29/9/2006. There is controversy as to what transpired after cancellation of bail. According to the petitioner, he was arrested and produced before the learned Magistrate and bail was granted to him on 18/4/2007. According to the learned Public Prosecutor, after cancellation of bail, the petitioner could be arrested only on 8/11/2011. Going by the order passed by the learned Sessions Judge, it is seen that the petitioner was produced before the learned Magistrate on 18/4/2007. On going through the order dated 17th October, 2011 passed by the learned Sessions Judge and the order dated 12th September, 2011 passed by the learned Magistrate, it is clear that the petitioner was arrested even before 8/11/2011. However, it is clear that the petitioner had absconded. He could not be arrested. With great difficulty he was arrested and produced before Court later. His arrest was made possible only after coming to know that he was arrested in Crime No.875 of 2008 and 876 of 2008 of Alathur Police Station. It is stated that by issuing production warrant, the petitioner was produced before the Magistrate's Court on 8/11/2011.

(2.) MORE over, it is submitted by the learned Public Prosecutor that the petitioner is involved in 7 other cases also. The particulars of those cases are :-

(3.) THE court below will see that the case against him is committed to the Court of Sessions. Learned Sessions Judge will see that the trial of the case is expedited.