IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 Bail Appl..No. 6657 of 2009() -------------------------------------- LP.12/2008 of ADDL. DISTRICT COURT, VADAKARA CRIME NO.293/2009 OF VATAKARA POLICE STATION, KOZHIKODE .................... PETITIONER/2ND ACCUSED: ------------------------------------------ RINEESH, S/O.KANARAN, MALAYIL HOUSE, PONMERIPARAMBIL, KALLERI, VATAKARA TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT/ COMPLAINANT: ----------------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, VATAKARA POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6657 of 2009 ------------------------------------ Dated this the 13th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner was accused No.2 in S.C.No.13/2005 on the file of the Court of the Additional Sessions Jude, Vadakara. The petitioner was granted bail on 2/6/2003. Thereafter, he did not appear before court. He went abroad. The case against him was split up and it was kept as L.P. No.12/2008. Non-bailable warrant was issued against the petitioner. The petitioner was arrested on 31/10/2009 and he was remanded to judicial custody. 2. The petitioner moved an application for bail. The learned Sessions Judge dismissed that application by the order dated 3/11/2009. It was held that after the release on bail on 2/6/2003, the petitioner never appeared before court and he misused the liberty granted to him. 3. The learned counsel for the petitioner submitted that the petitioner had gone abroad in search of an employment and it cannot be held that going abroad in search of an employment B.A. No. 6657 / 2009 2 was a deliberate act to escape from the process of law. 4. The petitioner never cared at all to attend the proceedings before court. It was rightly held by the court below that the petitioner misused the liberty granted to him. The learned counsel for the petitioner submitted that the petitioner is prepared to abide by any condition that may be imposed for the grant of bail. He is also prepared to appear before court on all posting dates, on which the case is posted. 5. Taking into account the facts and circumstances of the case, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. The petitioner shall be released on bail on condition that he shall deposit a sum of Rs.35,000/- and shall also execute a bond for Rs.50,000/- with two solvent sureties for Rs.50,000/- each to the satisfaction of the Additional Sessions Judge, Vadakara and also subject to the following conditions:- A) The petitioner shall appear before court on all the posting dates. B) The petitioner shall surrender his Passport before the court of the Additional Sessions Judge, Vadakara. B.A. No. 6657 / 2009 3 C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. In case the petitioner fails to appear before court on any posting date without justifiable reasons, Rs.35,000/-deposited by the petitioner shall immediately be forfeited apart from any other proceedings that may be taken by the court in respect of the bonds executed by him and the sureties. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE scm