AI Structured Summary
Not yet generated for this judgment
Judgment
Justice M. Sasidharan Nambiar
Petitioner is the fourth accused in C.C. No. 486 of 2008 on the file of JFCM, Pala registered for the offences u/s 120B and 394 read with 34 of IPC. Petitioner was arrested on 11.10.2011 and has been in custody since then. Petitioner had earlier filed B.A. No. 10752 of 2011 which was dismissed by Annexure A2 order on 13.1.2012, taking note of the fact that petitioner after obtaining bail, failed to appear and therefore if he is released on bail, he may not be available for trial. Learned Counsel appearing for petitioner submitted that though in Annexure A2 order, it was stated that petitioner is involved in several cases, he was acquitted in those cases and in such circumstances, petitioner be released on bail.
Learned Public Prosecutor opposed the petition stating that petitioner was earlier released on bail and he jumped bail and could be arrested only later and if petitioner is released, he may not be available for trial. It is also submitted that there was no acquittal in all the cases as claimed by Learned Counsel appearing for the petitioner. As petitioner was once released on bail and he jumped bail and failed to appear, as rightly pointed out by learned Public Prosecutor, if petitioner is released on bail, there is no guarantee that he will be available for trial. In such circumstances, petitioner cannot be released on bail. JFCM, Pala is directed to dispose the case as early as possible. Petition is dismissed.