SHIBI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner who is the 9th accused in Crime no.313/2002 of North Parur Police Station for offences including one punishable under sec.307 I.P.C. and now pending before the Addl. Sessions Court (Fast Track No.II), Ernakulam, as S.C.685/2004, inter alia seeks his release on bail in the above case.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor.

(3.) The facts leading to the filing of this petition can be summarized as follows:- The petitioner who was the 9th accused in the case, after committal of the case to the Sessions Court was granted bail from the Sessions Court on 17.1.2004. The case was thereafter posted to various dates. On 20.8.2005 the petitioner was arrested in Crime No.227/2005 of Mararikkulam Police Station. Therefore, on 27.8.2005 when the case was called before the Sessions Court, the petitioner was absent and no application on his behalf was filed. The learned Sessions Judge, therefore, forfeited the bond of the petitioner and issued non-bailable warrants against him and notice to his sureties. The case was posted to 3.10.2005 and thereafter to 4.11.2005. On 4.11.2005 it was reported to the court that the petitioner was in custody. Thereafter, the case was posted on 25.11.2005, 29.12.2005, 10.2.2006, 2.3.2006, 11.5.2006, 15.6.2006 and 14.7.2006. On none of those days, notwithstanding the fact that the petitioner was reported to be in custody, production warrant was issued for the production of the petitioner. On 2.9.2006 the matter was taken up and production warrant was issued for the production of the petitioner on 13.10.2006, on which day the petitioner was produced before court. The matter was thereafter being adjourned. In the meanwhile, as per order dt. 1.12.2006 passed in B.A.No.6892/2006, this court had granted bail to the petitioner in Crime No.227/2005 of Mararikkulam Police Station. The grievance of the petitioner is that even though he filed an application for recalling the production warrant against him and for releasing him on bail either on the previous sureties or on fresh sureties, the said petition is being adjourned at the request of the Public Prosecutor presumably because the prosecution wants to challenge the order passed by this court in B.A.No.6892/2006 before the Supreme Court.