Petitioner is the 5th accused in Crime No.51 of 2007 of the Pettah Police Station for the offences punishable under Secs.120B, 143, 147, 148, 324, 307 and 302 r/w Sec.149 of the Indian Penal Code, Secs.3 and 5 of the Explosive Substances Act and Sec.27 of the Arms Act, is in custody and seeks bail.
2. Learned Public Prosecutor has opposed the application.
It is submitted that the petitioner is an active participant in the incident where the leader of another gang was murdered on 20.02.2007. Petitioner was released on bail but, he absconded and hence the case against him was split up and included in the LP register. He was later arrested and the case was numbered as C.P.No.32 of 2013. Now the matter is pending before the first Additional Sessions Judge, Thiruvananthapuram as SC.No.664 of 2013. Learned Public Prosecutor has also given me a list of cases in which the petitioner is involved. To be precise, he is involved in 9 cases registered by the Kazhakoottam police and 5 cases registered by the Tumba police for various offences under the Penal Code and Explosive Substances Act. It is also pointed out that the application B.A.No.3153 of 2014 2 filed by the petitioner in this Court (B.A.No.7683 of 2013) was dismissed on merit on 19.11.2013 directing earlier disposal of the case.
3. Learned counsel submits that the petitioner is in custody since long. He was arrested in the year, 2013. It is also submitted that many of the cases registered against the petitioner ended in acquittal and that trial of the case on hand is not completed.
4. May be, petitioner was acquitted in some of the cases as the learned counsel submits but, acquittal in those cases in my view is no ground to release the petitioner on bail in this case, having regard to the nature of allegations made against him in this case and considering his antecedents. While considering B.A.No.7683 of 2013, I was satisfied of the same and disallowed the request. I am satisfied that the request of the petitioner for release on bail cannot be allowed particularly as he had absconded and later arrested.
The application is dismissed.
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge