IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 Bail Appl..No. 5536 of 2010() ----------------------------- CRIME NO.192/CR/1996 OF CBCID, ERNAKULAM .................... PETITIONER/ACCUSED -------------------------------------- SUNIL THOMAS, S/O.THOMAS, KANJOOPARAMBAN,H.NO.XL/6891,CONVENT ROAD, ERNAKULAM. BY ADV. SRI.S.RAJEEV RESPONDENT(S): / STATE ------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM (CRIME NO.192/CR/1996 OF CBCID, ERNAKULAM) SPL. PUBLIC PROSECUTOR MR.C.K.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Bail Application No.5536 of 2010 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ DATED: 14th day of September, 2010 O R D E R Petitioner, who is the sole accused in S.C.No.268/2000 on the file of the Additional Sessions Court (Special) Kottayam, seeks his enlargement on bail in the above case with a direction to permit the petitioner to continue on bail on the strength of the earlier bail bond executed by him. 2. The bail of the petitioner was cancelled on 7.9.2010. As a matter of fact, on 6.9.2010 this Court as per the order passed in Crl.M.C.No.2349/2009 had directed the Special Court to adjourn the trial of S.C.No.268/2000 to a future date. It is the definite case of the petitioner that on 7.9.2010 itself the Special Judge was informed about the order dated 6.9.2010 passed by this Court and that was why the petitioner was absent before Court and an application for exemption was duly filed before the Special Judge on 7.9.2010. In the light of the order dated 6.9.2010 passed by this Court adjourning the trial of the case, the presence of the petitioner before the Special Judge on 7.9.2010 was hardly necessary. It is too good for the Additional Sessions Bail Application No.5536 of 2010 2 Judge to pretend the ignorance of the order passed by this Court and cancel the bail of the petitioner and issue arrest warrant against him. Accordingly, the order dated 7.9.2010 passed by the Court below cancelling the bail of the petitioner is set aside. The petitioner shall continue to be on bail on the same bail bond and sureties as before. This bail application is accordingly allowed as above. 3. In case the petitioner files an application for personal exemption during trial of the case except on days on which the prosecutrix is examined, the learned Sessions Judge shall consider the same favourably. V.RAMKUMAR, JUDGE. dmb