BINEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the 7th accused in Crime No.227/2005 of Mararikkulam Police Station for offences punishable under secs.115, 120B, 307 and 302 read with sec.34 I.P.C., seeks his enlargement on bail. He was arrested on 30-09-2005 and ever since then he is in judicial custody.

(2.) Adv. Sri. Mohanan, the learned Addl. Director General of Prosecutions, vehemently opposed the application.

(3.) Sr. Adv. Sri. M.K. Damodaran, the learned Counsel appearing for the petitioner made the following submissions in support of his request for bail:- The petitioner who is the 7th accused is only one of the two Managing Directors of Himalaya Chit Funds. Just because the petitioner was arrested only after two months of the occurrence it does not follow that he was absconding. In the criminal cases in which the petitioner is an accused, he has been granted bail. Merely because he is made an accused in those cases it does not follow that the prosecution allegation is true unless he is convicted in any of those cases. There is no circumstance from which it could be inferred that the petitioner will flee from justice or that he will influence or intimidate the prosecution witnesses and abuse the freedom given to him by this Court. He has been in custody now for more than 438 days and since the prosecution has started further investigation, there is no immediate prospect of the case being taken up for trial in the near future. The 4th accused was granted bail by this Court after 465 days of custody.