IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Bail Appl..No. 1108 of 2008() ----------------------------- CP.43/2007 of J.M.F.C.-III,TRIVANDRUM CRIME NO.329/03 OF KAZHAKKUTTAM POLICE STATION .................... PETITIONER/ ACCUSED : ----------------- SUMESH,S/O.SATHYAN,PONGAA VEEDU, KUMIZHIKKARA,KIZHAKKUM BHAGAM WARD KAZHAKKUTTAM, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAJAGOPALAN NAIR SRI.G.BIJU RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/03/2008, ALONG WITH BA Nos.1109 OF 2008 & 1110 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.NOs.1108, 1109 & 1110 of 2008 ------------------------------------- Dated this the 10th day of March, 2008 ORDER These applications are for regular bail. The common petitioner in these 3 applications faces indictment in 3 prosecutions for offences punishable under Section 302 I.P.C, Section 326 I.P.C and Section 379 I.P.C. The incidents took place in the years 2002 and 2003. In one of the 3 cases, the petitioner had been arrested and enlarged on bail at the crime stage. In the other two, the petitioner was not arrested at the crime stage or thereafter, it is submitted. Investigations into all these crimes are already over. Final reports have already been filed. Cognizance has been taken by the Magistrates. Prosecutions are pending. 2. The petitioner had gone abroad and he was not available to be proceeded with. On 10.12.07, the petitioner had surrendered and he was remanded to custody. He remains in custody from 10.12.07. 3. The learned counsel for the petitioner submits that the petitioner is innocent. At any rate, the petitioner, who has remained in custody for the last 90 days, may now be enlarged on bail subject to any appropriate conditions. B.A.NOs.1108, 1109 & 1110 of 2008 2 4. The learned Public Prosecutor submits that the prosecution apprehends that the petitioner may continue to indulge in culpable overt acts. In these circumstances, the petitioner may not be released on bail, submits the learned Public Prosecutor. 5. The report of the learned Magistrate was called for. The report eloquently reveals that there is no prospect of immediate completion of proceedings against the petitioner in these 3 cases. 6. Having considered all the relevant inputs, I am satisfied that the petitioner can be ordered to be released on bail on appropriate terms and conditions. In response to a specific query by this Court the learned Public Prosecutor submits that after the incidents in these 3 cases, the petitioner is not shown to have indulged in any other specific crime. The learned Public Prosecutor points out that altogether there are 7 cases registered against him. 7. I am satisfied that the petitioner can be granted regular bail subject to appropriate terms and conditions. 8. In the result, these bail applications are allowed. The petitioner shall be released on bail in all the 3 cases on the following terms and conditions. B.A.NOs.1108, 1109 & 1110 of 2008 3 i) In each case the petitioner 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 report before the S.H.O, Kazhakkuttam Police Station between 5 p.m and 6 p.m on all Mondays, Wednesdays and Fridays until these 3 cases are disposed of finally by the courts concerned; iii) The petitioner shall not leave the Sessions Division of Trivandrum until further orders without the prior permission of the learned Magistrate; 9. The learned counsel for the petitioner points out that number of the proceedings in B.A.No.1110 of 2008 is C.C.242 of 2004 and not C.P.242 of 2004 as erroneously shown in the petition. (R.BASANT, JUDGE) rtr/- B.A.NOs.1108, 1109 & 1110 of 2008 4 R.BASANT, J ------------------------------------ B.A.NOs.1108, 1109 & 1110 of 2008 ------------------------------------- Dated this the 27th day of February, 2008 B.A.NOs.1108, 1109 & 1110 of 2008 5 ORDER Call for a report from the learned Judicial Magistrate of the First Class-III, Thiruvananthapuram about the stage of C.C.242 of 2004, C.C.114 of 2003 and C.P.43 of 2007. Such report must reach this Court by 06.03.08. Call on 06.03.08. (R.BASANT, JUDGE) rtr/-