IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 Bail Appl..No. 4677 of 2008() ----------------------------- CRIME NO.103/2000 OF PANNIYANKARA POLICE STATION PETITIONER/ACCUSED ----------------------------------- SYED, S/O.POKER, KOLLETH P.O., PUNNATHALA, (VIA), VALANCHERI. BY ADV. SRI.K.P.SUDHEER RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING STATION HOUSE OFFICER, PANNIYANKARA POLICE STATION. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 4677 of 2008 ----------------------------------------- Dated this the 22nd July, 2008 O R D E R This petition is for bail. 2. Petitioner is the sole accused in C.C.No.310/07 on the file of the Judicial First Class Magistrate Court-III, Kozhikode. Petitioner was on bail with effect from 8.6.2007, as per an order of this Court. Thereafter, during the trial, he was absent on 7.12.2007 and a petition was filed to excuse his absence. It was allowed and the case was adjourned. Thereafter, the case was posted to several dates and on one particular day, the case was adjourned with a direction to pay cost of Rs.200/- to CW2 and thereafter at Rs.300/- to the same witness. On 10.6.2008, the petitioner's counsel was absent and another counsel represented the matter, when the petitioner was absent in court. 3. It is submitted that the absence was only because he was involved in another crime No.352/07 and he was in jail in connection with the said crime. But, this fact could not be brought to the notice of the court and hence, bail bond was cancelled and notice was issued to the sureties. The court directed the petitioner BA.4677/08 2 to pay Rs.200/- to CW2 as cost and posted the case to 17.7.2008. When the appeared in court on 17.7.2008, he was remanded. 4. Learned counsel for petitioner submitted that the petitioner's absence was only due to the reasons beyond his control especially since he was in jail in connection with another crime. The petitioner is prepared to appear in court on all posting dates and he has no intention to abscond, it is submitted. It is true that the case was once included in the register of long pending cases, but thereafter he was granted bail. He was also making applications through his counsel, whenever he was absent, except one occasion. On hearing both sides, I am satisfied that the petitioner can be granted bail on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioner shall report before the investigating officer on every Saturday between 10 am and 1 pm until further orders. This petition is allowed. K.HEMA, JUDGE vgs.