DAS Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the accused in Crime No. 547/2007 of Kothamangalam Police Station, Ernakulam which is now pending before the Sessions Court as S.C.No. 333/2009. The offence alleged against him is under section 306 of IPC. The learned Counsel for the petitioner submits that the petitioner has been in custody from 19.07.2012 and so he may be granted bail. The learned Public Prosecutor submits that the petitioner was once granted bail. He later jumped bail and warrant was issued again. When he appeared, he was granted bail. When the case was posted for actual trial, the accused again jumped bail and so the trial could not be proceeded. If the petitioner is released on bail, he would repeat the same, the learned Public Prosecutor submits. Since the case is of the year 2007, unless the trial is completed at the earliest, it would be difficult to get the witnesses for prosecution. There is no guarantee that the accused will appear before the court and face the trial, if he is released on bail.