IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 Bail Appl..No. 8132 of 2007() ----------------------------- CRIME 51/06 OF OLLUR POLICE STATION CP.74/07 OF JFCM-III, THRISSUR PETITIONER/ APPLICANT/ACCUSED NO.1 --------------------------------------- JOJU, KOPPADAN HOUSE, CHIYYARAM, THRISSUR. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 8132 OF 2007 D ```````````````````````````````````````````````````` Dated this the 15th day of January, 2008 O R D E R The petitioner, who faces allegations for offences punishable, inter alia, under Section 302 read with 149 IPC, was granted bail earlier but such bail granted was cancelled by this Court as per order dated 23.8.07. It was, however, observed in the said order that if trial against the petitioner were not completed within a period of four months, the petitioner shall be at liberty to approach this Court for bail again. 2. Notice was given to the learned Public Prosecutor. Report of the learned Sessions Judge has been called for. It is seen that the case has not so far been committed to the Court of Sessions by the Magistrate concerned. The learned Sessions Judge reports that the case against the petitioner shall be disposed of within a period of three months from the date of receipt of records. BA.8132/07 : 2 : 3. I have considered all the relevant inputs. I am satisfied that the petitioner, who has remained in custody for a long period of time, deserves to be enlarged on bail now as the trial against him has not commenced and even the case has not been committed by now. While considering the application for cancellation of bail, it is seen that it is reported to this Court that the case has already been committed. 4. Appropriate conditions can, of course, be imposed in the peculiar facts and circumstances of this case. 5. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions:- i) The petitioner shall execute a bond for Rs.2,00,000/- (Rupees two lakhs only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall report before the learned Principal Sessions Judge, Thrissur in Court on the first and fourth Mondays of all English calendar months until the case BA.8132/07 : 3 : is committed to the Court of Sessions and thereafter, as and when directed by the learned Sessions Judge. iii) The learned Principal Sessions Judge shall himself dispose of the case against the petitioner once committed as expeditiously as possible. iv) The petitioner shall not leave the Session/Division of Thrissur until the case against him is disposed of finally. The petitioner shall furnish to the investigating officer as also the learned Sessions Judge the address of his place of residence within the Session/Division of Thrissur. v) If there be any violation of the conditions of the bond, the investigating officer shall report the same to the learned Sessions Judge and the Sessions Judge, in the event of any such violation, shall be at liberty to take appropriate action as if bail has been granted by the learned Sessions Judge and the conditions were imposed by the learned Sessions Judge. (R.BASANT, JUDGE) aks