IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 Bail Appl..No. 7081 of 2009() ----------------------------- AGAINST THE ORDER IN CRMP 783/2009 IN LP.4/2005 of ADDL. DISTRICT COURT, VADAKARA .................... PETITIONER/ACCUSED: -------------------------------------- K.USMAN,S/O.MOOSA HAJEE,AGED YEARS, THOOVAKUNNU,KOLAVALLUR AMSOM DESOM, KANNUR DISTRICT. BY ADV. SRI.M.MUHAMMED SHAFI SRI.ABDURAHIMAN VAYALIL PEEDIKAYIL RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7081 of 2009 ------------------------------------ Dated this the 2nd day of December, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in L.P. No.4/2005 on the file of the Additional Sessions Court,Vadakara. 2. The offences alleged against the petitioner are under Sections 294(b), 332 and 308 read with Section 34 of the Indian Penal Code and Sections 179, 183(b), 184 and 188 of the Motor Vehicles Act. 3. The date of occurrence was on 18/7/2002. It is stated that the petitioner moved for anticipatory bail before this Court. As per the directions issued by this Court, the petitioner surrendered before the court and he was released on bail in the year 2003. Thereafter, he did not appear before court. It is stated that in 2004, the petitioner went abroad in search of an employment and came back to India only in 2009. The case against the petitioner was treated as long pending case and it was numbered as L.P. No.4/2005. The petitioner surrendered B.A. No. 7081/2009 2 before court on 26/10/2009. He was not granted bail and he was remanded to judicial custody. He filed three Bail Applications before the Sessions Court. All the applications were dismissed. 4. The learned counsel for the petitioner submitted that the petitioner undertakes to appear before court on all posting dates and the petitioner is ready to comply with any condition that may be imposed by the court. It is also submitted that there are proposals for marriage of the petitioner and that the marriage would not take place, if the petitioner is in jail. 5. Taking into account the facts and circumstances of the case, the undertaking of the petitioner and the willingness of the petitioner to comply with any condition that may be imposed by the court, I am inclined to grant bail to the petitioner on stringent conditions. 6. The petitioner shall be released on bail on condition that he shall deposit a sum of Rs.50,000/- before the Additional Sessions Court, Vadakara and shall also execute a bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Additional Sessions Judge, Vadakara and also B.A. No. 7081/2009 3 subject to the following conditions:- A) The petitioner shall appear before the court on all the posting dates. B) The petitioner shall surrender his Passport before the court of the Additional Sessions Judge, Vadakara. 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. In case the petitioner fails to appear before court on any posting date without justifiable reasons, the deposit of Rs.50,000/- shall be forfeited, in addition to any other steps that may be taken by the court with respect to the bonds executed by the petitioner and the sureties. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE scm