IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 Bail Appl..No. 6869 of 2009() ---------------------------------------- SC.601/2006 of II ADDL. DISTRICT COURT, KOLLAM CRIME NO.229/2003 OF POOYAPPALLY POLICE STATION, KOLLAM. .................... PETITIONER/IST ACCUSED: ------------------------------------------ NOUSHAD, S/O.SULAIMAN KUNJU, M.S.MANZIL,CHENKOOR MURI,VELINALLOOR VILLAGE, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR,POOYAPPALLY POLICE STATION,THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6869 of 2009 ------------------------------------ Dated this the 23rd day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No. 229/2003 of Pooyappally Police Station, which is now pending as S.C. No. 601/2006 on the file of IInd Additional Sessions Judge, Kollam. 2. The offence alleged against the petitioner is under Section 304-B of the Indian Penal Code. 3. It is submitted by the learned counsel for the petitioner that the petitioner appeared before court during committal proceedings. Thereafter, he went abroad. No summons was received by him from the Sessions Court. Non-bailable warrant was issued against the petitioner. The petitioner came back to India only recently. On coming to know that non-bailable warrant was issued against the petitioner, he surrendered before court. The petitioner moved an application for bail. The learned Additional Sessions Judge dismissed that application for bail by the order dated 11/11/2009 on the ground that the petitioner B.A. No. 6869/ 2009 2 was absconding for several years. 4. The learned counsel for the petitioner submitted that the petitioner is prepared to comply with any conditions that may be imposed by the court for the grant of bail. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. The petitioner shall be released on bail on condition that he shall deposit a sum of Rs.25,000/- and shall also execute a bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the IInd Additional Sessions Judge, Kollam and also subject to the following conditions:- A) The petitioner shall appear before the Station House Officer, Pooyappally Police Station between 9 A.M. and 11 A.M. on every Monday until further orders. B) The petitioner shall surrender his Passport before the Court of IInd Additional Sessions Judge, Kollam . B.A. No. 6869/ 2009 3 C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. In case the petitioner fails to appear before court without justifiable grounds, the sum of Rs.25,000/- deposited by the petitioner shall be forfeited forthwith in addition to any other steps that may be taken by the court in respect of the bonds executed by him and the sureties. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE scm