IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES FRIDAY, THE 10TH NOVEMBER 2006 / 19TH KARTHIKA 1928 Bail Appl..No. 6666 of 2006() ----------------------------- CRMP.3644/2006 of DISTRICT COURT, PALAKKAD LP.8/2000 of J.M.F.C.,CHITTUR .................... : PETITIONER/ACCUSED ------------------------------------ SURESH @ SURENDRAN, AGED 46 YEARS, S/O. NARAYANAN, KOONAMBALATHINKAL HOUSE, MULANTHURUTHY P.O., ERNAKULAM DISTRICT, PIN - 682 314. BY ADV. SRI.VARGHESE P.CHACKO RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE, CHITTOOR POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR P.N. SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/11/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. ------------------- B.A. 6666/2006 -------------------- DATED THIS THE 10TH DAY OF NOVEMBER, 2006 O R D E R The petitioner is before this Court, for an order under Section 439 Cr.P.C., as he was arrested on 28.10.2006, consequent of the issuance of a non bailable warrant in C.C.No.254/1994. It is now pending as L.P.No.8/2000 on the file of the Judicial Magistrate of First Class, Chittoor, due to the non appearance of the petitioner. 2. The petitioner was granted bail by the Judicial Magistrate of First Class Court, Chittoor, but he absconded. The learned counsel for the petitioner submits that the petitioner is a driver by profession and he is residing at Eranakulam. He had not received any communication from the police station or from the Court. The counsel further submits that the petitioner would be available before that Court, when the case is taken up and therefore, he may be granted bail. B.A.6666/2006 2 3. After hearing both sides and considering the facts available on record, I grant bail and release the petitioner from jail, subject to the following conditions:- (a). The petitioner shall execute a bond for Rs.25,000/-, with two solvent sureties, each for the like sum, to the satisfaction of the Judicial Magistrate of first Class, Chittoor. (b). The petitioner shall report before the Court below, on all the posting dates without fail, except on medical ground which specifically be considered and allowed by the Court below. The application is allowed as above. J.M.JAMES JUDGE mrcs