IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Bail Appl..No. 1468 of 2008() ----------------------------- CRMP.3124/2004 of D.C. & SESSIONS COURT,KOZHIKODE CP.5/2008 of J.M.F.C.,PERAMBRA CRINE NO.359/04 OF PERAMBRA POLICE STATION .................... PETITIONER/ACCUSED NO.5 ---------------------------------------- SHAMEER, S/O.MOIDU, AGED 23 YEARS, KANNANKANDI HOUSE, MENHANIYAM, PERAMBRA, KOZHIKODE DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.I. OF POLICE, PERAMBRA POLICE STATION. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1468 of 2008 ------------------------------------------------- Dated this the 10th day of March, 2008 ORDER Application for regular bail. The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sec.308 of the IPC. The alleged incident took place on 29/10/04. The petitioner was not arrested at the crime stage or later. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered. The petitioner did not enter appearance. Therefore, the case against him was transferred to the list of Long Pending Cases. Coercive processes had been issued against the petitioner. The petitioner was arrested on 29/2/08. He continues in custody from that date, his application for regular bail having been dismissed by the learned Magistrate. 2. According to the petitioner, he is absolutely innocent. B.A. No. 1468 of 2008 -: 2 :- His absence earlier was not wilful or deliberate. He was employed abroad and that is why he could not appear before the learned Magistrate. He shall now appear before the learned Magistrate regularly. He may not be compelled to undergo incarceration any longer. He may be granted regular bail, it is prayed. 3. This application is not opposed by the learned Public Prosecutor. The learned Public Prosecutor only submits that it may be ensured by imposing appropriate conditions that the petitioner shall be available for trial before the court concerned. 4. I am satisfied that the petitioner can be granted regular bail now subject, of course, to appropriate conditions. 5. In the result: (a) The application is allowed. (b) The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioner shall surrender his passport before the learned Magistrate. (iii) The petitioner shall report before the S.H.O., B.A. No. 1468 of 2008 -: 3 :- Perambra Police Station, between 5 p.m. and 6 p.m. on the first and third Sundays of all English calendar months until the case against the petitioner is finally disposed of. (R. BASANT, JUDGE) Nan/