BINEESH NATESAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner who is the 7th accused in Crime No. 227 of 2005 of Mararikulam Police Station for offences punishable under Sections 120 B, 109, 115, 307 and 302 read with Sec. 34 I.P.C. seeks his enlargement on bail. The occurrence took place on 20- 7-2005 in which accused Nos. 1 and 2 who are hired assassins allegedly engaged by A6 and A7 are said to have dashed a lorry against a Tata Safari Car in which deceased Ramesh and others were travelling and in that accident Ramesh and two others were killed. According to the prosecution, deceased Ramesh who was formerly an employee of accused Nos. 6 and 7 had dissociated from them and had started a rival business thrivingly to the envy of accused Nos. 6 and 7 who planned the "operation road accident".

(2.) There are altogether 13 accused persons in the case. Accused Nos. 1 to 5 and 7 to 10 were arrested during the latter half of 2005. The petitioner was arrested on 30-09-2005 and he has been in custody for 532 days.

(3.) Sri. V.K. Mohanan, the learned Addl. Director General of Prosecutions opposed the application contending inter alia as follows:-