BABU VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS who are accused Nos. 11 and 8 respectively in Crime No. 47/06 of CBCID, Kozhikode (originally registered as Crime No. 55/06 of Thamarassery Police Station) for offences punishable under Secs. 143, 147, 148, 341, 363, 307 and 302 read with Sec. 149 I.P.C., seek bail. The occurrence took place on 11-2-2006 and ever since then they have been in judicial custody. PETITIONERS were arrested on 24-4-2006. In the case of A11, there was a gap of two weeks during which A11 was enlarged on bail until it was cancelled. The occurrence took place on 11-2-2006.

(2.) EVEN though Sri. P.G. Thambi, the learned Director General of Prosecutions, opposed these applications, I do not think that the continued detention of the petitioners is called for. The petitioners have been in judicial custody for an unreasonably long period. If, ultimately, they are found guilty, they definitely deserve condign punishment for their alleged involvement. Now the only question relevant is whether both the petitioners will be available for trial and whether while on bail they will influence or intimidate the prosecution witnesses. Those apprehensions of the prosecution can be taken care of by imposing appropriate conditions. Accordingly, the petitioners are directed to be released on bail on each of them executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Addl. Sessions Court (Special Court for N.D.P.S. Cases, Vadakara), and subject to the following conditions: