IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 Bail Appl..No. 3879 of 2008() ----------------------------- CMP 1614/2008 IN SC.1322/2004 of ADDL. DISTRICT AND SESSIONS COURT, KOLLAM .................... PETITIONER : ACCUSED 11 --------------------------- NOWSHAD,S/O. ABDUL KHADER AGED 30 YEARS, NAZEEMA MANZIL, VAKKOM MANZIL, THAZHAMEL MURI,ANCHAL VILLAGE,KOLLAM DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT ------------- STATE OF KERALA, THROUGH THE SUB INSPECOTR OF POLICE,ANCHAL POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3879 of 2008 ------------------------------------------- Dated this the 19th day of June, 2008 ORDER This petition is for bail. 2. Petitioner is the 11th accused in the case. According to the petitioner, he could not appear in court at the time of recording statement under Section 313 Crl.P.C. since his minor child aged 2½ years started exhibiting some uneasiness from February onwards and he had to be taken to different hospitals. The doctors could not diagnose the problem in the beginning and ultimately, the child was taken to the Medical College Hospital, Thiruvananthapuram from where it was found out that the child had brain tumour. Medical records are produced to show that the child is having such problem during the relevant period. In these circumstances, petitioner could not appear before the court. His absence is neither willful nor intentional. The petitioner subsequently surrendered before the court below on 2.6.2008 and he had filed an application for bail. But he was remanded to jail. BA No.3879/08 2 3. On hearing both sides and on a perusal of the documents, I am satisfied that the petitioner could not appear before the court due to reasons beyond his control and in the circumstances stated by the petitioner. He has surrendered before the court also. In such circumstances, it is only fit to grant bail to the petitioner. 4. Hence, petitioner is granted bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the trial court. The petition is allowed. K.HEMA, JUDGE csl