IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 Bail Appl..No. 273 of 2008() ---------------------------- CP.10/2008 of J.M.F.C.,KASARAGOD CRIME NO.289/03 OF BADIADKA POLICE STATION .................... PETITIONER : ACCUSED NO.5: ------------------------------ NISSAR, S/O.ABDULLA, MAILAMKODI, BADIADKA VILLAGE. BY ADV. SRI.SOJAN MICHEAL RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT ------------------------------------------------- B.A. No. 273 OF 2008 ------------------------------------------------- Dated this the 18th day of January, 2008 ORDER Application for regular bail. The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sec.308 read with Sec.149 of the IPC. Investigation is complete. Final report has already been filed. Committal proceedings were registered. Consequent to the non- appearance of the petitioner, the case against him was transferred to the list of Long Pending Cases. The petitioner had come to this Court claiming anticipatory bail and by order dated 24/12/07, the said application was dismissed. Later the petitioner surrendered before the learned Magistrate. The learned Magistrate has rejected the application for regular bail. The petitioner continues in custody from 8/1/08. 2. The learned counsel for the petitioner submits that the absence of the petitioner earlier was not wilful or B.A. No. 273 OF 2008 -: 2 :- deliberate. He shall appear before the court on all dates of posting. He may not be left to languish in prison endlessly awaiting the disposal of this case against him. 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor submits that appropriate conditions may be imposed which shall ensure that the petitioner, who has not been available for a long period for trial, will be available when the matter comes up for trial. I am satisfied that the petitioner can be granted regular bail subject to appropriate conditions. 4. In the result: (a) The application is allowed. (b) The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioner shall report before the S.H.O. of the Badiadka Police Station between 5 p.m. and 6 p.m. on the first B.A. No. 273 OF 2008 -: 2 :- Sundays of all English calendar months until the case against him is finally disposed of. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge