IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Bail Appl..No. 1987 of 2008() ----------------------------- CRIME NO.468/2002 OF KOTHAMANGALAM POLICE STATION : PETITIONER/ACCUSED ----------------------------------- ABOOBACKER, S/O BAHARI, AGED 33 YEARS, THAMBIKUDY HOUSE, NANGELIPPADY BHAGOM, NELLIKUZHI KARA, ERAMALLOOR VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SRI.SIRAJ KAROLY RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1987 of 2008 ---------------------------------------- Dated this the 1st day of April 2008 O R D E R Application for regular bail. The petitioner faces indictment in a pending calender case. The alleged incident took place in 2002. Cognizance has been taken on offences punishable under Section 326 I.P.C. Investigation was completed. Final report was filed. The petitioner was not available for arrest. The case was transferred to the list of long pending cases. The petitioner was arrested on 01/03/2008. The case was recalled from the list of long pending cases. The petitioner remains in custody from 01/03/2008. His application for regular bail was dismissed by the learned Magistrate initially and later by the learned Sessions Judge. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that appropriate safeguards may be insisted to ensure the presence of the petitioner for trial and I am satisfied that regular bail can be granted to the petitioner subject to strict and appropriate conditions. 3. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions: B.A.No.1987/08 2 i) He shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall surrender his passport if any before the learned Magistrate. If no passport is available, affidavit to that effect shall be filed. iii) The petitioner shall report before the S.H.O of the Kothamangalam police station between 6 p.m and 7 p.m on the first and third Sundays of all English calender months until the case against him is finally disposed of. 4. Every endeavour must be made by the learned Magistrate to strictly comply with the directions regarding disposal already issued by the learned Sessions Judge. (R.BASANT, JUDGE) jsr B.A.No.1987/08 3 B.A.No.1987/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007