IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 23RD APRIL 2010 / 3RD VAISAKHA 1932 Bail Appl..No. 2200 of 2010() ----------------------------- SC.256/2007 of ADDL. DISTRICT COURT, VADAKARA .................... PETITIONER/ACCUSED (IN CUSTODY) --------------------------------------------------- AZEEZ, S/O.MAHAMOOD, AGED 35 YEARS, THAIKOOTTATHIL KUNNUMMAL HOUSE, VADAKARA AMSOM DESOM, VADAKARA TALUK. BY ADV. SMT.VIJAYAKUMARI RESPONDENT: STATE/COMPLAINANT: --------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.NOBLE MATHEW THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q.BARKATH ALI, J. -------------------------------- B.A. No.2200 of 2010 --------------------------------- Dated this the 23rd day of April, 2010 O R D E R This is a bail application filed by the accused in the Sessions Case No.256/2007 (Crime No.278/2005 of Vadakara Police Station) pending before the Additional District and Sessions Court, Vadakara under Section 439 of Code of Criminal Procedure. 2. The allegation against the petitioner is that he has committed an offence punishable under Section 308 read with Section 34 I.P.C. The case was scheduled for trial on 1st February, 2010 and summons were issued to the witnesses. On that date accused was present. But as the witnesses were absent the case was adjourned to the next day ie., 2nd February, 2010 and NBW were issued to CWs1 to 5. On that date CWs 6 to 14 were present. But as the accused was absent the case could not be proceeded with. Therefore the trial court cancelled his bail and warrant was issued against him. As the warrant was returned unexecuted proceedings were initiated against sureties B.A. No.2200 of 2010 2 under Section 446 of Code of Criminal Procedure. Sureties produced the accused before trial Court on 16th March, 2010. The trial court rejected his bail application and remanded him to judicial custody. 3. It is alleged in the petition that due to illness he was unable to attend the lower court on 2nd Fbruary, 2010, that he produced Medical Certificate before trial court which was not considered and that therefore his absence before trial Court on 2nd February, 2010 may be excused and he may be released on bail. 4. Notice given to Public Prosecutor. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. For the following reasons I am inclined to grant bail to the petitioner. He was on bail till 1st February, 2010. He produced the Medical Certificate before Lower Court for his absence on 2nd February, 2010. Therefore I feel that his absence on that date was not wilful and can be excused. It follows and I hold that bail can be granted to petitioner. B.A. No.2200 of 2010 3 6. In the result, the application is allowed. The petitioner shall be released on bail on executing a bond for Rs.25,000/- with two solvent sureties for like sum each to the satisfaction of the lower court. He shall appear before Lower Court on all hearing dates failing which the Lower Court can cancel his bail. P.Q.BARKATH ALI, JUDGE skj