IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 4TH JANUARY 2011 / 14TH POUSHA 1932 Bail Appl.No. 40 of 2011() ------------------------ CRIME NO. 91 OF 2002 OF BEDAKAM POLICE STATION, KASARAGOD AGAINST THE JUDGEMENT/ORDER IN BA.1876/2010 Dated 30/03/2010 .................... PETITIONER/2ND ACCUSED ---------------------- VINOD, AGED 33 YEARS, S/O.PAKKEERAN, R/A.KALAKKARA (H) KUTTIKOLE VILLAGE, KUTTIKKOLE POST, KASARAGOD DIST. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): --------------- STATE OF KERALA, THROUGH THE STATION HOUSE OFFICE OFFICER BEDAKAM,REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No. 40 of 2011 * * * * * * * * * * * * * * * * * * Dated: 4th January, 2011 ORDER This is an application for regular bail filed by the 2nd accused in Crime No. 91 of 2002 of Bedakam Police Station, Kasaragod District for offences punishable under Sections 332 and 307 read with Sec. 34 I.P.C. and pending before the Addl. Sessions Court (Adhoc – II), Kasaragod as S.C. 134 of 2010. 2. The petitioner originally surrendered before the Addl. Sessions Court (Adhoc -III) , Kasaragod on 1-3-2010 and was remanded to judicial custody. As per order dated 30-03-2010 in B.A. No. 1876 of 2010 (Annexure – I) the petitioner was granted bail by this Court imposing certain conditions. Condition (B) is that he shall surrender his passport before the Court of the Additional Sessions Judge (Adhoc-II), Kasaragod within one week from the date of his release on bail and if he does not held an Bail Application No. 40 of 2011 -:2:- Indian Passport, he shall file an affidavit to that effect before the said Court within one week. The petitioner was accordingly, released on bail on 31-3-2010. However, he did not surrender his passport or file an affidavit within the time granted by this Court. His bail was, therefore, cancelled and he was remanded to judicial custody on 28-12-2010. Petitioner has produced Annexure – II copy of the affidavit dated 5-4-2010 filed by him before the trial Court. If, as a matter of fact, the petitioner does not hold a passport and he had, though belatedly, filed the original of Annexure - II affidavit before the trial Court, then the delay in filing the said affidavit shall stand condoned and the petitioner shall be released on bail in compliance of the order dated 30-03- 2010 in B.A. No. 1876 of 2010 passed by this Court. This Bail Application is disposed of as above. Dated this the 4th day of January, 2010. Sd/-V. RAMKUMAR, (JUDGE) ani/ /true copy/ P.S. to Judge Bail Application No. 40 of 2011 -:3:- ani.