The Hindu : Front Page : 28 accused in Marad case get bail

Online edition of India's National Newspaper
Thursday, Jan 24, 2008
ePaper | Mobile/PDA Version

Front Page

Front Page

28 accused in Marad case get bail

Special Correspondent

High Court finds delay on the part of Special Court in disposing of case

Bail granted on stringent conditions
Special Court needs 10 more months for trial

Kochi: The Kerala High Court on Wednesday granted bail to as many as 28 accused in the Marad massacre case on stringent conditions.

The conditions set by Justice R. Basant are: “the accused shall be released on bail on executing a bond for Rs.2 lakh each with three solvent sureties each, of which one must be a blood relative of the accused; they shall reside at a place to be specified by them within three km radius of the Special Court, Kozhikode, until judgement was pronounced in the case; at least one of the sureties shall be present with the accused at all times after their release; the sureties or any one of them shall bring the accused to the court on all the dates of posting and take them to and from the court; they shall not travel to any other place except to the court; they shall not meet any one except their counsel or their spouses or parents or children or persons to be approved by the Special Court; the accused and the sureties shall give an undertaking before the court that they will be present on the dates of posting of the case; they shall also undertake before the court in their absence, the special court could go on with the trial including pronouncement of judgement without their presence.” (The massacre of nine fishermen at Marad took place on May 2, 2003).

The court said the State could place surveillance on the movement of the accused. The court ordered that they should not be released from custody prior to February 6. In the case of Abbas, a cancer-afflicted accused, the court said he could go to the Medical College Hospital and with the prior permission of the Special Court, he could also proceed to “a higher centre for treatment.”

The Judge observed that it was “the expressed inability of the Special Judge to dispose of the case that constrains me to take the view that petitioners can now be released on bail.” The court said there was no prospect of immediate disposal of the case. The report of the Special Judge said that 10 months were needed to complete the trial and pronounce judgement. The court said the constitutional ideal of speedy trial had not been achieved in the case. Therefore, the court agreed with the view of counsel for the petitioners that the accused were entitled to bail.

The Special Court could go on with the preparation of judgment except the consideration of the disputed points and he should not wait till all the arguments to begin his work.

The court further observed that the Special Judge should be “alert to imbibe the need for speedy disposal.”

Printer friendly page
Send this article to Friends by E-Mail

Front Page