IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Bail Appl..No. 1976 of 2008() ----------------------------- C.R.NO. 381/2000 OF KOTHAMANGALAM POLICE STATION CMP.629/2008 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM .................... PETITIONER --------------------------- SOJAN,S/O.SOMAN, PADINJARE PARAMBIL HOUSE, VETTITHURUTHUKARA,VAZHAPPALLY VILLAGE CHANGANACHERY,KOTTAYAM DISTRICT BY ADV. SRI.G.SUKUMARA MENON RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1976 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of April, 2008 O R D E R Application for regular bail. The petitioner faces indictment in a prosecution under Section 379 I.P.C. The allegation is that he had committed theft of a motor cycle from the car porch of the defacto complainant. Crime was registered as early as in 2000. Final report had been filed. The petitioner was not available for trial. The case against him was hence transferred to the list of long pending cases. The petitioner was arrested and produced on 16.3.2008. He continues in custody from that date. 2. The learned counsel for the petitioner submits that the petitioner is innocent. He has no criminal antecedents. His inability to appear earlier before the court was not wilful or deliberate, but on account of reasons beyond his control. In these circumstances it is prayed that a lenient view may be taken and B.A.No. 1976 of 2008 2 the petitioner may be granted regular bail, subject to any appropriate terms and conditions. 3. The learned Prosecutor does not oppose the application. He concedes and the report of the learned Magistrate further shows that the petitioner is not required to be arrested or detained in any other case now. The learned Prosecutor only prays that appropriate conditions may be imposed, which shall ensure that the petitioner shall be available for trial and the case will not get protracted for the absence of the petitioner. 4. Having considered all the relevant inputs, I am persuaded to agree that the petitioner can now be enlarged on bail, subject to appropriate conditions, which shall ensure his presence at the trial. 5. 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.1,50,000/- (Rupees one lakh fifty thousand only) with two solvent sureties each B.A.No. 1976 of 2008 3 for the like sum to be satisfaction of the learned Magistrate. (b) He shall, until the case against him is finally disposed of, appear before the S.H.O., Kothamangalam between 6 p.m. and 7 p.m. on the first and third Sundays of all English Calender months. (c) He shall surrender his passport, if any, before the learned Magistrate. If he does not not have any passport, an affidavit to that effect shall be filed before the learned Magistrate. (R. BASANT) Judge tm