IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 Bail Appl..No. 729 of 2008(M) ----------------------------- CRIME NO. 401/03 OF THRISSUR EAST POLICE STATION CP.3/2008 of J.M.F.C.-I,THRISSUR .................... PETITIONER : ACCUSED NO.4 ----------------------------- MUHAMMED ALI, S/O.MUHAMMEDUNNI HAJI, KAPPUNGAL VEETIL HOUSE, PLACHOLA, EDATHANATTUKARA, PALAKKAD DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THRISSUR EAST POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 729 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of February, 2008 O R D E R Application for regular bail. The petitioner faces indictment in a prosecution under Section 489 B & C I.P.C. The petitioner was arrested in the course of investigation. He was enlarged on bail. Final report was filed. The petitioner was not available for trial. The cases against the co-accused were committed to the Court of Sessions. The case against the petitioner was split up and was re-numbered as C.P. 3 of 2008. The petitioner was arrested in some other case and his arrest was recorded in this case also. The precise date from which the petitioner continues in custody in this case cannot be deciphered from the order of the Magistrate nor can it authentically be ascertained from the submissions made by the counsel for the petitioner or the learned Prosecutor. The learned Prosecutor submits that the petitioner is not arrested in C.P. 3 of 2008 at all. But the bottom is knocked out of that submission when we consider Annex. A order, under B.A.No. 729 of 2008 2 which the learned Magistrate has dismissed the application for regular bail in that very C.P. 2. The learned counsel for the petitioner submits that the petitioner is innocent. His absence was not willful. He is willing to co-operate with the court for the expeditious disposal of the case. He may now be enlarged on bail. He suffers from various ailments, submits the learned counsel. 3. Having considered all the relevant inputs, I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. The long period of time, during which the petitioner has been absconding will certainly have to be taken into consideration while imposing the conditions. 4. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall execute a bond for Rs.2,00,000/- (Rupees two lakhs only) with two solvent sureties each for the like B.A.No. 729 of 2008 3 sum to be satisfaction of the learned Magistrate. In the peculiar facts and circumstances of the case, the learned Magistrate must ensure scrupulously that the sureties offered are sufficient and solvent. (b) The petitioner shall report before the S.H.O. Trichur East Police station between 5 p.m. and 6 p.m. on the first and third Sundays of all English calender months until the case against them is finally disposed of. (R. BASANT) Judge tm