IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 Bail Appl..No. 4451 of 2009() ----------------------------- AGAINST THE ORDER IN CRMP.2102/2009 IN SC.407/2009 of D.C. & SESSIONS COURT,KOLLAM .................... PETITIONER/1ST ACCUSED: ----------------------------------------- RASHEEDKUTTY, S/O.MAJEEDKUTTY, VAYALIL PUTHEN VEEDU, VADAKKUMKARA, KIZHAKKECHERI, THAZHUTHALA VILLAGE. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS/ COMPLAINANT/STATE: -------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4451 of 2009 ------------------------------------ Dated this the 17th day of August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in S.C.No.407/2009 of the Court of Sessions Judge, Kollam. Originally, the case against the petitioner was S.C.No.964/2006. The case was split up and kept as long pending case against the petitioner. Later, the case against the petitioner was renumbered as S.C.No.407/2009. 2. The offences alleged against the petitioner are under Sections 323 & 324 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act. The petitioner was granted bail at the crime stage. It is stated that he went abroad thereafter. At the trial stage, the petitioner was not present. Non-bailable warrant was issued against the petitioner. He could not be arrested till 27/07/2009. The learned Sessions Judge refused bail to the petitioner as per order dated 30/07/2009 on the ground that in spite of posting of the case on several days, the petitioner failed to appear. B.A. No. 4451 /2009 Page numbers 3. It is submitted by the learned counsel for the petitioner that if the petitioner is released on bail, he is prepared to comply with any conditions and that he would appear before the court regularly. It is also submitted that the case has been settled between the parties and the petitioner intends to move a Crl.M.C. under Section 482 of the Code of Criminal Procedure to quash the proceedings. 4. 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. 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Court of Sessions Judge, Kollam subject to the following conditions:- A) The petitioner shall appear before the Court of Sessions Judge, Kollam regularly, unless otherwise directed. B) The petitioner shall not try to influence the prosecution witnesses or tamper with the B.A. No. 4451 /2009 Page numbers evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE scm