IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 Bail Appl..No. 5195 of 2010() ----------------------------- CP.1/2009 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER/1ST ACCUSED ------------------------------------------ MOHAMMED IQBAL @ IKKU, SON OF M.ABDUL KHADER, PADOOR ROAD, CHATTANCHAL, THEKKIL.P.O., KASARAGOD DISTRICT. BY ADV. SRI.M.K.DAMODARAN, SENIOR ADVOCATE SRI.SOJAN MICHEAL RESPONDENT(S): RESPONDENT/COMPLAINANT ------------------------------------- DEPUTY SUPERINTENDENT OF POLICE, C.B.I. SCB, CHENNAI, (R.C. 5/S/2007/CBI/SCB, CHENNAI), REPRESENTED BY THE STANDING COUNSEL FOR C.B.I., HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5195 of 2010 ------------------------------------------------ Dated this the 2nd day of September, 2010 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioner who is accused No.1 in Crime No.569/2001 of Kasaragod Police Station for offences punishable under Sections 302, 212 read with Section 120-B I.P.C., seeks his enlargement on bail. 2. The learned Standing Counsel for the C.B.I. opposed the application submitting inter alia that the occurrence took place in the year 2001 and the petitioner has been absconding for nine years and had gone abroad without even a valid passport and therefore he will definitely flee from justice. 3. The petitioner has been in custody since 27/7/2010. Having regard to the nature of the offences, the duration of judicial custody of the petitioners, the present stage of the case in which charge sheet has already been filed and considering the fact that the counsel for the petitioner offers Bail Appln.No.5195/2010 : 2 : to deposit Rs.50,000/- in cash and has also submitted that the petitioner will report before the investigating officer or such other authority as directed, I am inclined to enlarge the petitioner on bail with effect from 13/9/2010 on appropriate conditions:- 1. The petitioner shall deposit before the Chief Judicial Magistrate, Ernakulam a sum of Rs.50,000/- (Rupees Fifty Thousand Only) in cash in C.P.No.1/2009. 2. The petitioner shall report before the Chief Judicial Magistrate, Ernakulam between 10 a.m. and 11 a.m. on all Wednesdays and after committal, report before the Sheristadar of the C.B.I. Special Court between 10 a.m. and 11 a.m. on all Wednesdays. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The petitioner shall not commit any offence while on bail. Bail Appln.No.5195/2010 : 3 : If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE skj