IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 Bail Appl..No. 164 of 2009() ---------------------------- CP.45/2008 of ADDL.C.J.M., ERNAKULAM CRIME NO.59/04 OF ERNAKULAM TOWN SOUTH POLICE STATION PETITIONER -------------------- BAVESH, AGED 27, S/O. XAVIER , CHERUPUNATHIL HOUSE, KONTHURUTHY, THEVARA P.O. BY ADV. SRI.MANU ROY RESPONDENT(S): --------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, SESSION'S COURT, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.164 of 2009 ----------------------------------------- Dated this the 16th January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 307, 143, 147, 148, 458, 324, 429, 427, 109 and 120B read with 34 of the Indian Penal Code. 3. It is seen from the order of the learned Magistrate that accused jumped the jail and the case was transferred to the register of long pending cases from 2006 onwards. The learned Magistrate was of view that the release of the accused again on bail would be detrimental to the smooth trial. 4. Learned counsel for petitioner submitted that petitioner has not deliberately absconded, but he could not appear in court only because he was employed abroad. When petitioner came for Christmas holidays, he was arrested. Petitioner is prepared to remain in India and co-operate with the trial and he has no intention to abscond, it is submitted. Petitioner is prepared to surrender even his passport. It is also submitted that the issues between the parties are amicably BA.164/08 2 settled and they have no grievance each other. Learned counsel for de facto complainant also confirmed these facts. 5. On hearing both sides, I am satisfied that bail can be granted to petitioner. Hence, bail is granted to petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioner shall report before the investigating officer on every Monday and Thursday between 10 AM and 1 PM until further orders. iii). Petitioner shall surrender his passport along with the petition for bail. Petition is allowed. K.HEMA, JUDGE vgs.