IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Bail Appl..No. 1424 of 2008() ----------------------------- CP.33/2006 of J.M.F.C., MANNARKAD CRIME NO.618/2000 OF MANNARKAD POLICE STATION .................... : PETITIONER/ACCUSED --------------------------- MUHAMMED ALI,S/O.MOIDUTTY KIZHAKKETHIL HOUSE, ARIYOOR P.O. KUMRAMPUTHOOR, MANNARKKAD TALUK, PALAKKAD. BY ADV. SRI.SUNNY MATHEW RESPONDENTCOMPLAINANT: ------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE MANNARKKAD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1424 of 2008 ---------------------------------------- Dated this the 7th day of March 2008 O R D E R Application for regular bail. The petitioner faces indictment in a prosecution for the offence of murder punishable under Section 302 I.P.C. Crime was committed as early as in 2000. Final report has been filed and cognizance has been taken by the learned Magistrate. Committal proceedings has been registered. The petitioner was not available and he has not appeared before the learned Magistrate so far. Some of the co- accused have already been committed to the court of Session. The proceedings against the co-accused is pending as S.C.No.585/2006 before the First Additional Sessions Court, Palakkad. The petitioner had come to this court earlier seeking anticipatory bail. By order dated 13/2/2008 in B.A.No.988/08, the petitioner's prayer for anticipatory bail was rejected. The petitioner has subsequently surrendered before the learned Magistrate on 26/2/2008. He continues in custody from that date. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that appropriate safeguards are insisted to make sure B.A.No.1424/08 2 that the petitioner shall be available for trial and I am satisfied that regular bail can be granted to the petitioner subject to appropriate conditions. 3. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions: i) The petitioner shall surrender his passport before the learned Magistrate. ii) He shall execute a bond for Rs.2,00,000/- (Rupees two lakhs only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. iii) The petitioner shall report before the S.H.O, Mannarkkad between 5 p.m and 6 p.m on the first and third Sundays of all English calender months until the case against him is finally disposed of. (R.BASANT, JUDGE) jsr B.A.No.1424/08 3 B.A.No.1424/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007