MANAF Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the 8th accused in S. C. No. 860/2003 on the file of the Special Additional Sessions Court (Marad cases), Kozhikode. The allegation against the petitioner is commission of offence punishable under sections 143, 147, 148, 153a and 302 read with section 149 IPC. The case of the prosecution in short is that the petitioner was a member of an unlawful assembly armed with weapons and committed the offence of rioting and in furtherance of their common intention committed murder of the deceased. The petitioner was arrested on 23. 1. 2009. His application for bail was dismissed earlier by this court as per Annexure-A2 order dated 24. 2. 2009 considering the short duration of the judicial custody. Subsequently, he moved the trial court for enlarging him on bail and the same has culminated in annexure-A3 order which is a considered order and it contains elaborated reasons for the rejection of his application for bail. It reveals that earlier he was granted bail and, however, he violated the conditions and he was absconding. According to the petitioner, he was not absconding whilst he went abroad and thereafter he was sent back to his native place by the Government of Bahrain as he was not having a valid passport. It was subsequently that he was arrested on 23. 1. 2009. Since then, he is in judicial custody.

(2.) IT is a fact that the petitioner is a person who violated the conditions of bail. It is a fact that all the other accused persons are now on bail. While considering the question related to granting of bail, the concern of the concerned court is to ensure the availability of the concerned accused for trial. However, considering the totality of the circumstances, I think the petitioner can be enlarged on bail with very stringent conditions and at the same time, I make it clear that any slightest violation on his part would definitely cause cancellation of bail.

(3.) ACCORDINGLY, this bail application is allowed on the following conditions: