IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 Bail Appl..No. 3808 of 2009 CRIME NO.141/CR/93 CBCID CRB UNIT, THIRUVANANTHAPURAM CRIME NO.252 OF1992 OF KALAMASSERY POLICE STATION PETITIONER/2ND ACCUSED ------------------------------------------ REMESH BABU @ BENCHAMIN, S/O.NARAYANA PILLAI, AGED 49, KAKKATTU VEEDU, NEAR PERUNNA, SUBRAMANIA SWAMY TEMPLE, PERUNNA KARA, PERUNNA VILLAGE, CHANGANASSERY TALUK. BY ADV. SRI.S.NIRMAL KUMAR RESPONDENT: STATE -------------------- STATE OF KERALA, REP. BY DY.S.P., CB CID, CRB UNIT TRIVANDRUM IN CR.141/CR/93 (CR.252/92 OF KALAMASSERY POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3808 OF 2009 ------------------------------------------------------ Dated this the 22nd July, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.141/CR/93 CB CID Unit, Thiruvananthapuram (Crime No.252 of 1992 of Kalamassery Police Station). 2. The offences alleged against the petitioner are under Sections 120B, 143, 147, 419, 323, 342, 365, 395, 506(II), 457 and 307 read with Section 149 of the Indian Penal Code. 3. The charge was laid in the case on 6.2.2006. Re-investigation was ordered under Section 173(8) of the Code of Criminal Procedure. The petitioner was released on bail by the trial court. When the case was taken up for trial, he did not appear. The case against him was treated as long pending. Accused Nos.4, 6 and 8 faced the trial. Accused No.6 was acquitted, while accused Nos.4 and 8 were convicted. Accused Nos.1 and 7 expired before the trial commenced. The petitioner and accused Nos.3 and 5 were absconding in the case. B.A. NO. 3808 OF 2009 :: 2 :: 4. Learned counsel for the petitioner submitted that after the petitioner was released on bail, he was appearing before the Court. Thereafter, re-investigation was ordered. The petitioner went abroad and, therefore, he could not appear before Court. 5. The petitioner was arrested on 15.6.2009 after great effort was made by the police. Several non-bailable warrants were issued against the petitioner by the Court. Now he is in judicial custody since 15.6.2009. 6. The petitioner moved application for bail before the learned Sessions Judge. The prayer for grant of bail was rejected by the learned Sessions Judge as per the order dated 25.6.2009. 7. Learned counsel for the petitioner submitted that the petitioner is prepared to comply with any condition that may be imposed by the Court. 8. Taking into account the facts and circumstances of the case, I am of the view that bail can be granted to the petitioner on stringent conditions. 5. The petitioner shall be released on bail on his depositing a sum of Rs.Two lakhs and also on executing a bond for Rs.One lakh with two B.A. NO. 3808 OF 2009 :: 3 :: solvent sureties for the like amount to the satisfaction of the Sessions Court, Ernakulam, subject to the following conditions: a) The petitioner shall appear before the Superintendent, Crime Branch CID, Ernakulam between 9 A.M. and 11 A.M. on all Mondays, till the trial is over; b) The petitioner shall surrender his passport before the Sessions Court, Ernakulam within two weeks, if not already surrendered either before Court or before the investigating officer; c) The petitioner shall furnish the address in which he is residing, with telephone number, to the Superintendent, Crime Branch CID, Ernakulam; 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 ahz/