IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Bail Appl..No. 2445 of 2008() --------------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.1193/2008 Dated 06/03/2008 CRIME NO.833/2007 OF MATHILAKAM POLICE STATION .................... PETITIONER/2ND ACCUSED ------------------ RAMESH @ PAPPU, AGED 35 YEARS, S/O.VALLON, RESIDING AT CHERTHANAMODIVU HOUSE, THRIKKARIYOOR VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENTS: COMPLAINANT & STATE ------------------------ STATE OF KERALA REP.BY SUB INSPECTOR OF POLICE, MATHILAKAM POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 2445 OF 2008 ```````````````````````````````````````````````````` Dated this the 29th day of April, 2008 O R D E R Second application for regular bail. Petitioner faces allegations under sections 457 and 380 IPC. His earlier application for regular bail was dismissed as per order dated 6.3.08 in BA.1193/08 subject to observations. Expeditious trial was directed but it was observed that if the case was not disposed of by 20.4.08, the petitioner shall be at liberty to move this Court again for bail. 2. It is reported that consequent to non-availability of some crucial witnesses, trial has not been completed. The matter stands posted to 6.5.08 for examination of those witnesses. Some further time is bound to be taken for disposal of the case and in these circumstances, the petitioner may not be compelled to languish in prison, prays the learned counsel for the petitioner. BA.2445/08 : 2 : 3. The learned Public Prosecutor does not oppose the application and having considered all the relevant circumstances, I am satisfied that the petitioner can be granted regular bail subject to appropriate terms and conditions. 4. In the result, this petition is allowed. The petitioner shall be enlarged on bail on the following terms and conditions: i) He shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) He shall not leave the Sessions Division of Thrissur and Ernakulam until further orders without the prior permission of the learned Magistrate. (R.BASANT, JUDGE) aks