Onchiyam: bail plea posted to May 10

May 05, 2013 03:22 pm | Updated June 13, 2016 01:48 pm IST - Kozhikode:

The Special Additional District and Sessions Court (Marad cases), trying the T.P. Chandrasekharan murder case, posted to May 10 for further hearing the bail plea moved by P. Mohanan, member of the Kozhikode district secretariat of the Communist Party of India (Marxist) [CPI(M)] and an accused in the case.

Special Judge R. Narayana Pisharadi on Saturday took a decision on the bail application after hearing after the arguments of the prosecution opposing the release of the accused on bail.

Special Public Prosecutor C.K. Sreedharan quoting an earlier order of the High Court of Kerala argued that if the court granted bail to Mohanan, the 14th accused, it would affect the ongoing trial in the case.

However, defence counsel Manjeri Sreedharan Nair sought postponement in the arguments on the bail application.

It should be considered only after the deposition of two prosecution witnesses 166 and 167, who were assigned to testify to the role of Mohanan in the case. The deposition of these witnesses has been slated for May 9.

The witnesses - Suresh Babu and K. Vibilesh – had allegedly seen Mohanan hatching the conspiracy along with accused K.C. Ramachandran, C.H. Ashokan, K.K. Krishnan, all CPI (M) leaders, to kill Chandrasekharan at a flower shop of M.K. Ravindran, another CPI(M) local leader, at Orakkateri on May 2, 2012.

Chandrasekharan was killed by a hired gang at Onchiyam on May 4, 2012.

The court asked the defence counsel regarding the maintainability of the petition after he argued that the Supreme Court had issued directions that the accused could move the trial court after the examination of the eye witnesses.

Now, the defence counsel has been asked to submit any documents based on orders of the Supreme Court making a precedent of allowing the trial court to grant bail to an accused.

However, Mr. Sreedharan argued that the Supreme Court had found no reason to interfere with the order of the Kerala High Court that had denied bail to Mohanan on several occasions.

The Supreme Court had not contemplated or intended that the bail plea should be entertained by the trial court. In fact, the petition should be moved in the High Court considering judicial propriety.

By July 31

Besides, the High Court had also given direction that the trial should be completed by July 31 this year. Considering the pace of the proceedings, the trial would be completed by June end, Mr. Sreedharan argued.

He said the situation and circumstances did not allow the court to grant bail even now.

Mohanan wielded considerable influence in the area and witnesses could be manipulated, he said.

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