IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 Bail Appl..No. 2766 of 2010() ----------------------------- AGAINST THE ORDERCRMP 1220/2010 IN SC.404/2008 of ADDITIONAL DISTRICT COURT (ADHOC), FAST TRACK NO.1. THRISSUR CRIME NO.411/06 OF PAZHAYANNUR POLICE STATION, THRISSUR. .................... (S): PETITIONER/6TH ACCUSED ------------------------------------------ HENSON, S/O.JOSE, THAREKKADU HOUSE, VALAPPAD, CHAVAKKAD TALUK. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.411 OF 2006 OF PAZHAYANNUR POLICE STATION). PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2766 of 2010 ---------------------------------------------- Dated 18th May, 2010. O R D E R This petition is for bail. 2. Petitioner is the 6th accused in the crime. The case was being tried by the learned Additional Sessions Judge and the case was posted for framing of charge, to 22.1.2010. On the said day, petitioner and his counsel were absent. There was no representation for him. Therefore, bail was cancelled and warrant was issued to him. He was remanded on 26.3.2010. 3. Learned counsel for the petitioner submitted that petitioner used to appear before the court regularly and he was represented by his counsel also. On the crucial day, it so happened that the petitioner could not appear in court and his counsel also was absent. There was no wilful laches on the part of the petitioner in not appearing before the court, it is submitted. On knowing that warrant was issued, he surrendered before the court, on which day, he was remanded. The petitioner has no intention to abscond, it is submitted. He is prepared to appear before the court on all days, if such a condition is imposed, it is BA NO.2766/10 2 also submitted. 4. On hearing both sides and on going through Annexure I order, I find that some of the co-accused are absconding and the trial will not be over in a short period. There is nothing on record to show that the petitioner was absent in court repeatedly on any occasion prior to 22.1.2010. The allegation made against him is that he received stolen articles and helped the accused to dispose of the stolen articles. But, he was not involved in the offence of robbery, at the scene. Petitioner is willing to abide by any condition. In such circumstances, I find that bail can be granted to the petitioner on stringent conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Additional Sessions Judge (Adhoc), Fast Track Court No.1, Thrissur, on the following conditions : (i) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. And 1 p.m., except on the BA NO.2766/10 3 dates on which his presence is required before the trial court, until further orders. Petition is allowed. K.HEMA, JUDGE. tgs