IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 Bail Appl..No. 5345 of 2009() ------------------------------------------ C.C.NO.449/2009 OF CHIEF JUDICIAL MAGISTRATE COURT,KASARAGOD .... (CRIME NO.502/2004 OF MANJESHWAR POLICE STATION,KASARAGOD) PETITIONERS/2ND ACCUSED: ------------------------------------------- MUNEER, SON OF MUHAMMAD, RESIDING AT ADKA, ICHILAMKODE VILLAGE, KASARAGOD TALUK AND DISTRICT. BY ADV. MR.SOJAN MICHEAL RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, (STATION HOUSE OFFICER, MANJESHWAR POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/09/2009 ALONG WITH B.A.NO.5353 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 5345 and 5353 of 2009 ------------------------------------ Dated this the 25th day of September, 2009 O R D E R These applications are filed under Section 439 of the Code of Criminal Procedure by Muneer who is third accused in C.C. Nos. 448/2009 and 449/2009 on the file of the court of the Chief Judicial Magistrate, Kasargod. These cases respectively relate to Crime Nos. 501/2004 and 502/2004 of Manjeshwar Police Station. 2. The offences alleged against the petitioner in both these cases are under Section 457 and Section 380 of the Indian Penal Code. 3. The petitioner was absconding all throughout. Therefore, the cases against him were split up and refiled. The petitioner was arrested on 03.08.2009 in Crime No. 501/2004. His arrest was recorded in the Crime No. 502/2004 also on the same date. 4. The learned Sessions Judge, by an order dated 31.08.2009, dismissed the applications for bail filed by the B.A. No. 5345 and 5353 of 2009 2 petitioner. It was held that if the petitioner is released on bail, he is likely to abscond again. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. It is submitted by the learned counsel for the petitioner that the petitioner is prepared to abide by any condition that may be imposed by the court and that he undertakes to appear before the court on all posting dates. 7. In the facts and circumstances of the case, I am inclined to accept the undertaking made by the petitioner and to grant bail on the basis of the undertaking and also subject to the following conditions. 8. The petitioner shall be released on bail on his depositing a sum of Rs. 25,000/- each in C. C. Nos. 448/2009 and 449/2009 and also on his executing bond for Rs. 1,00,000/- in each case with two solvent sureties for the like amount in each case to the satisfaction of the Chief Judicial Magistrate, Kasargod, subject also to the following conditions: B.A. No. 5345 and 5353 of 2009 3 A) The petitioner shall report before the Manjeshwar Police Station, between 9 A.M. and 11 A.M. on all Mondays, until the trial of the cases are over; . B) The petitioner shall appear before t court on all posting dates without fail. 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 and the sum of Rs. 25,000/-each deposited by the petitioner shall be liable to be forfeited. . The Bail Applications are allowed as above. K.T. SANKARAN, JUDGE ln