IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 Bail Appl..No. 4490 of 2010() ----------------------------- CRIME NO.374/2004 OF CHANDERA POLICE STATION .................... (S): PETITIONER/ACCUSED -------------------------------------- N.RAJESH, AGED 34 YEARS, S/O. APPU, KANNAMKAI, PILICODE VILLAGE, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY INSPECTOR OF POLICE CHANDERA POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.4490 of 2010 ---------------------------------------------- Dated 28th July, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 450 and 307 of the Indian Penal Code. According to prosecution, a charge sheet was laid against petitioner for the aforesaid offences and the case was also committed to the Sessions Court. At the crime stage, petitioner was released on bail, but later, he jumped bail and non-bailable warrants were issued against him. Petitioner surrendered before the court on 13.7.2010 and he was remanded to custody. The bail application filed by him was dismissed. 3. Learned counsel for petitioner submitted that petitioner was working as a hotel boy in Mumbai, after he was released on bail. He did not know about the pendency of the case or the fact that warrant was issued against him. But, when the police went to petitioner's house in search of him, pursuant to a non-bailable warrant issued from the court, he received information and accordingly, he surrendered before the police and BA NO.4490/10 2 he was produced in court. The petitioner had no intention to abscond, but his absence was only in the circumstances stated above. Petitioner will abide by any condition imposed by this Court, it is submitted. He was arrayed as an accused, only because of a mistaken identity, it is submitted. 4. Learned Public Prosecutor submitted that it is likely that petitioner may abscond and hence, this petition is opposed. On hearing both sides and on considering the facts stated by the learned counsel for petitioner that petitioner surrendered before the court, I think, he can be granted bail on stringent conditions. It appears from the petition that he is the sole bread winner of the family, who had left for Mumbail for his livelihood. Hence, the following order is passed : Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following condition : (i) Petitioner shall report before the Investigating Officer on every Monday and Thursday BA NO.4490/10 3 between 10 a.m. and 1 p.m. until further orders. Petition is allowed. K.HEMA, JUDGE. tgs