IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 Bail Appl..No. 5732 of 2011() ----------------------------- LPR 140/2010 IN CC.751/2011 of J.M.F.C. - I, CHALAKUDY CRIME NO.376 OF 2003 OF CHALAKUDY POLICE STATION .................... PETITIONER ------------------------------ SANTHOSH, AGED 36 S/O.PADMANABHAN, KOOVAKKADAN HOUSE, MELOOR VILLAG,E MUKUNDAPURAM TALUK, KUNNAPPILLY P.O.,THRISSUR-678311 BY ADV. SRI.DEEPU THANKAN SMT.SONIA GEORGE RESPONDENT(S): --------------- STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERLAA, ERNAKULAM BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 5732 OF 2011 --------------------------------- Dated this the 19th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.376 of 2003 of the Chalakkudy Police Station. 2.The offences alleged against the petitioner are under Sections 361 and 363 of the Indian Penal Code. 3.It is stated that a final report was filed on 30.9.2003. Since the petitioner was stated to be absconding, a warrant was issued by the learned Magistrate for the arrest of the petitioner. The petitioner surrendered before the learned Magistrate and he was released on bail. Later, he did not appear before the court and the case was treated as Long Pending Case. Non bailable warrant was issued against the petitioner. At that juncture, he surrendered before the court on 22.6.2011. He applied for bail. The Bail Application was B.A.No. 5732 OF 2011 2 dismissed. Though the petitioner moved the Sessions Court, Thrissur, his Bail Application was dismissed on 5.7.2011 by the learned Sessions Judge. 4. It is submitted by the learned Public Prosecutor that some sessions offences were also included and committal proceedings were initiated as CP No.46 of 2011. As per the order dated 28.6.2011, the learned Magistrate committed the case to the Sessions Court. It is submitted that the case is not numbered before the Sessions Court, Thrissur. 5. The learned counsel for the petitioner submitted that the petitioner is prepared to furnish sufficient security for his appearance and he is prepared to abide by any condition that may be imposed by the court. 6.Taking into account the facts and circumstances of the case, I am inclined to grant bail to the petitioner on very stringent conditions. 7. The petitioner shall be released on bail on his B.A.No. 5732 OF 2011 3 executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like amount to the satisfaction of the Court of Session, Thrissur, subject to the following conditions: A) The sureties shall produce the title deeds in respect of their properties to ensure that they are solvent sureties. The title deeds shall be kept in court till the disposal of the case. B) The petitioner shall appear before the Sessions Court on all the posting dates without fail, unless for unavoidable reasons to the satisfaction of the learned Sessions Judge, the petitioner could not appear. C) The petitioner shall appear before the Sub Inspector of Police, Chalakkudy between 9 A.M. and 11 A.M on all Mondays till the trial of the case is commenced or until further orders. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms