IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES TUESDAY, THE 4TH JULY 2006 / 13TH ASHADA 1928 Bail Appl..No. 3623 of 2006 ----------------------------- CP.33/2006 of J.M.F.C.-I, ALAPPUZHA (CRIME NO.137/2006 OF ALAPPUZHA NORTH POLICE STATION) .................... APPLICANT/ACCUSD NO.4. --------------------------------------- AJILAL, AGD 18 YEARS, S/O.AJAYGOSH, KURUPPASSERI, THUMBOLI P.O. WARD NO.XV, ARYAD, PANCHAYATH. BY ADV. SRI.P.VIJAYA BHANU SMT.P.MAYA RESPONDENTS: COMPLAINANT AND STATE. ----------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR T.K. KUNHABDULLA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/07/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. -------------- B.A.3623/2006 ------------------ DATED THIS THE 4TH DAY OF JULY, 2006 O R D E R The petitioner is the fourth accused, in crime No.137/2006 of Alappuzha North Police Station, for the offence punishable under Sections 323 and 302 IPC read with Section 34 IPC. It is submitted that the investigation is complete. The petitioner could not appear before the Court below, submitted the counsel. However the final report had been filed keeping the fourth accused, the petitioner, as absconding. Therefore, a non bailable warrant was issued against the petitioner, by the Court below at the commencement of the committal proceedings, which is pending as C.P.No.33/2006 of Judicial Magistrate of First Class-I, Alappuzha. The petitioner is stated to be a boy aged about eighteen. 2. In the facts and circumstances of this case, I direct the petitioner to appear before the Court below, on B.A.3623/2006 2 6.7.2006 at 11.00 a.m., and the learned Magistrate shall release him on bail, imposing such conditions, as are deemed necessary. The application is disposed of as above. J.M.JAMES JUDGE mrcs