IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Bail Appl..No. 2074 of 2010() ----------------------------- Cr.NO.214/1982 OF IRINJALAKUDA POLICE STATION CC 45/1983 ON THE FILE OF JFCM, IRINJALAKUDA .................... PETITIONER/ACCUSED -------------------------------------- SULAIMAN, AGED 49 YEARS, S/O. HANEEFA, 13/885, METTUPALAYAM STREET, PALAKKAD. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DETECTIVE INSPECTOR, C.B.C.I.D.C.I.S., ERNAKULAM. 3. SUB INSPECTOR OF POLICE, IRINJALAKUDA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.2074 of 2010 --------------------------------------------- Dated this the 8th day of April, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner was accused No.1 in C.C.No.45 of 1983 on the file of the court of the Judicial Magistrate of the First Class, Irinjalakuda. 2. The offences alleged against the petitioner and the other accused were under Sections 420, 489(E) and Section 511 read with Section 34 of the Indian Penal Code. 3. It is stated by the learned counsel for the petitioner that the prosecution case is that on 16.7.1982, the petitioner and the other accused went to a hotel at Irinjalakuda and while paying the bill for Rs.20/-, they gave a paper resembling a twenty rupees note in which something else was printed. 4. The petitioner states that he did not receive any summons. Since the petitioner did not appear, the case against him was split up and the trial took place in so far as it related to the other accused. Accused Nos.2 to 4 were acquitted. The case against the petitioner was refiled as C.C.No.19 of 1985. BA No.2074/2010 2 Repeated warrants were issued. The petitioner could not be arrested. The case is now refiled as C.C.No.1152 of 2010. It is stated that the petitioner filed Crl.M.C.No.3227 of 2009 to quash the proceedings before the court below. The Crl.M.C. was disposed of by the order dated 7th October, 2009 observing that when the petitioner surrenders and files an application for bail, the Magistrate would consider the same without delay. The petitioner surrendered before court on 12.3.2010 and he was remanded to judicial custody. The Bail Application filed by the petitioner was dismissed by the order dated 26th March, 2010. 5. It is true that the delay in the matter of disposal of the case was occasioned only because of the default on the part of the petitioner. However, taking into account the facts and circumstances of the case, the nature of the offence and taking into account the age of the petitioner at the time of commission of the alleged offence, I am of the view that bail can be granted to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First BA No.2074/2010 3 Class, Irinjalakuda, subject to the following conditions: a) The petitioner shall appear before the court on all the posting dates without fail, except under the circumstances beyond the control of the petitioner, to the satisfaction of the learned Magistrate; b) The petitioner shall surrender his passport before the Judicial Magistrate of the First Class, Irinjalakuda within a period of one week from today. If the petitioner does not hold an Indian passport, an affidavit sworn to by him to that effect shall be filed within one week before the learned Magistrate ; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) 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 csl