IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 Bail Appl..No. 1876 of 2010() --------------------------------- CRIME NO. 91/2002 OF BEDAKAM POLICE STATION, KASARAGOD DISTRICT ........................ PETITIONER/ACCUSED : ----------------------------- VINOD, AGED 33 YEARS, S/O. PAKKEERAN, RESIDING AT KALAKKARA HOUSE, KUTTIKOLE VILLAGE, KUTTIKKOLE POST, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT/COMPLAINANT: ----------------------------------- STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, BEDAKAM, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. I.V.PRAMOD PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 1876 of 2010 ------------------------------------ Dated this the 30th day of March, 2010 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.2 in Sessions Case No. 134/2010 on the file of the Court of the Additional Sessions, Judge, Kasaragod. 2. The offences alleged against the petitioner are under Sections 332 and 307 of the Indian Penal Code. 3. The date of occurrence was on 25.04.2002. The petitioner was arrested on 25.04.2002 itself. It is stated that he was released on bail at the crime stage. The case of the petitioner is that he did not receive summons in the case. Anyhow, the presence of the petitioner could not be secured before the Court for about 7 years. According to the petitioner, he was working in Mumbai.(order passed by the Additional Sessions Judge, Kasaragod says that the petitioner was working abroad. The learned counsel for the petitioner submitted that this is not fully correct.) B.A. No. 1876 / 2010 2 4. The petitioner surrendered before the Additional Sessions Court on 01.03.2010 and he was remanded to judicial custody. Application for bail filed by the petitioner was dismissed by the Additional Sessions Judge, Kasaragod as per the order dated 11.03.2010. 5. The learned counsel for the petitioner submitted that the petitioner is prepared to comply with any condition that may be imposed by the Court. The petitioner also assures that he would be present in Court during the trial of the case and that there will be no room for any complaint that he absconded. This submission is recorded. 6. 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. 7. 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 Additional Sessions Judge (Adhoc-II), Kasaragod subject to the following conditions:- B.A. No. 1876 / 2010 3 A) The petitioner shall report before the Station House Officer, Bedakadm Police Station between 9 A.M. and 11 A.M. on every Monday, till the trial of the case is over. B) The petitioner shall surrender his passport before the Court of the Additional Sessions Judge(Adhoc-II), Kasaragod within one week from the date of release on bail. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Additional Sessions Judge within one week. 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. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE ln