IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 Bail Appl..No. 1538 of 2010() ----------------------------- CRIME NO.371/2005 OF MANJESHWAR POLICE STATION .................... PETITIONER : ACCUSED ----------------------------------- ABDUL RAUF @ RAUF,AGED 30 YEARS S/O.HASSAN MUHAMMED,AGED 30 YEARS NEAR VIJAYA BANK, UPPALA,KASARAGOD TALUK KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): --------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ,ERNAKULAM. 2. THE STATION HOUSE OFFICER (CC.NO.32/2010 IN CRIME NO.371/2005 OF MANJESHWAR POLICE STATION) PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1538 of 2010 --------------------------------------------- Dated this the 17th 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.3 in Crime No.371 of 2005 of Manjeshwar Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 392 of the Indian Penal Code. 3. It is stated that after completing the investigation, charge sheet was filed on 31.7.2006. The petitioner was absconding and therefore, he could not be arrested. 4. It is submitted by the learned counsel for the petitioner that the case against the petitioner was split up. The other accused persons were tried in the case and they were acquitted. The case against the petitioner was treated as long pending case. The case is now numbered as L.P.No.32 of 2010 on the file of the court of the Judicial Magistrate of the First Class, Kasaragod. 5. The petitioner was arrested in connection with Crime BA No.1538/2010 2 No.348 of 2009 of Manjeshwar Police Station on 7.1.2010 and his arrest was recorded in the present case on 7.1.2010. The petitioner moved for bail before the Sessions Court, Kasaragod. That application was dismissed by the order dated 4th March, 2010. It is seen from the order passed by the learned Sessions Judge that the fact that the other accused persons were acquitted was not brought to the notice of the court. 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 fact that the charge was laid in the case, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the court having jurisdiction, subject to the following conditions: a) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; b) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; BA No.1538/2010 3 c) 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 csl