IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 Bail Appl..No. 1569 of 2008() ----------------------------- AGAINST THE ORDER DATED 29/02/2008 IN CRMP 662/2008 IN CC.95/2008 of J.M.F.C.,PERAMBRA CRIME NO.280/2008 OF PERAMBRA POLICE STATION .................... : PETITIONER/ACCUSED ------------------------ ASHARAF, S/O.AMMED, CHERUKUNNATH (HOUSE) MENJANYAM, KOZHIKODE DISTRICT. BY ADV. SRI.SANTHARAM.P RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1569 of 2008 ---------------------------------------- Dated this the 12th day of March 2008 O R D E R Application for regular bail. The petitioner faces indictment in a prosecution for offences punishable inter alia under Sections 435 and 379 read with 149 I.P.C. Investigation is complete. Final report has already been filed. Cognizance has been taken by the learned Magistrate. There is a direction for expeditious completion of the proceedings. The petitioner was arrested on 29/2/2008. He continues in custody from that date. 2. The learned counsel for the petitioner submits that the petitioner is innocent. His absence earlier was not wilful or deliberate. He is willing to comply with all conditions of bail. He shall promptly appear before the learned Magistrate. In these circumstances, it is prayed that the petitioner, who has remained in custody from 29/2/2008, may now be enlarged on bail subject to appropriate terms and conditions. 3. The learned Public Prosecutor does not oppose the application and I am satisfied that the petitioner can be granted regular bail subject to appropriate conditions which shall allay the apprehensions of the learned Public Prosecutor that the petitioner may not be available for trial, if appropriate conditions are not imposed. B.A.No.1569/08 2 4. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions: i) He shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall surrender his passport before the learned Magistrate. iii) The petitioner shall report before the S.H.O of the Perambra police station between 5 p.m and 6 p.m on the first and third Sundays of all English calender months until the case against him is finally disposed of. (R.BASANT, JUDGE) jsr B.A.No.1569/08 3 B.A.No.1569/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007