THANSEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The applicant herein is the 4th accused in S.C. No. 901/2018 on the file of the Additional District and Sessions Judge-I, Thiruvananthapuram. He has been charge-sheeted for having committed offence punishable under Sec. 302, 307, 120B, 449, 201, 202, and 212 r/w Sec. 34 of the IPC.

(2.) The prosecution allegation is that the petitioner, along with the rest of the accused, hatched a plan to commit the murder of one Rajesh and in pursuance to the same, trespassed into his Studio and inflicted injuries leading to his death.

(3.) Sri. Omar Salim, the learned counsel appearing for the petitioner, submits that the petitioner had earlier approached this Court seeking Regular Bail, and by Annexures-A4 to A9 orders, the applications were all dismissed with directions to the Court of Sessions to conclude the trial in an expeditious manner. According to the learned counsel, the petitioner was arrested on 10/4/2018, and he has been in custody since then. He points out that the examination of the prosecution, as well as the defense witnesses, have been concluded and that the matter is at the stage of arguments. The learned counsel submits that his father is on his deathbed as he is suffering from Ruptured DACA Aneurysm. The learned counsel submits that, having regard to the long period of incarceration he had undergone and the stage of trial, it is only just and proper that he may be released on bail. The learned counsel submits that the petitioner is prepared to abide by any conditions that may be imposed upon by this Court to ensure that he does not abscond.