IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 Bail Appl..No. 6683 of 2009() -------------------------------------- SC.112/2009 OF ADDITIONAL DISTRICT AND SESSIONS JUDGE (ADHOC) II, KOTTAYAM .................... PETITIONERS/ACCUSED 1 & 7 : -------------------------------------------- 1. MARTIN @ JINIL, AGED 27 YEARS, S/O.SEBASTIAN, NELLICKAL HOUSE, TEMPLE AREA KULAMAVU KARA, ARAKKULAM VILLAGE. 2. SIJO @ MINNAYAM, AGED 26 YEARS, S/O.BABY,KOTTOOR HOUSE, KALAPPURAM COLONY BHAGOM PUTHUPPARIYARAM KARA, MANAKKADU VILLAGE. BY ADV. SRI.RAJIT RESPONDENT: ------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6683 of 2009 ------------------------------------ Dated this the 18th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 7 in S.C.No.112/2009 on the file of the court of the Additional District and Sessions Judge (Adhoc)II, Kottayam. 2. The offence alleged against the petitioners is under Section 399 of the Indian Penal Code. 3. The Court of the Judicial Magistrate of the First Class-II, Kanjirappally committed the case to the Sessions Court. Summons was issued to the petitioners for their appearance. The petitioners were absent. Though the case was adjourned to another date, again, the petitioners absented themselves. Coercive steps were taken against the petitioners. Still their presence could not be secured. Later, the petitioners surrendered before Court on 21.10.2009. The petitioners were remanded to judicial custody. Their prayer to grant bail was rejected by the learned Sessions Judge as per the order dated B.A. No. 6683 of 2009 2 21.10.2009 holding that if the petitioners are released on bail, they may abscond and thereby the trial of the case would be protracted. 4. The learned counsel for the petitioners submitted that the petitioners are prepared to abide by any conditions that may be imposed by the court for the grant of bail. 5. Taking into account the facts and circumstances of the case, and the duration of judicial custody undergone by the petitioners, I am of the view that the petitioners can be released on bail on stringent conditions. 6. The petitioners shall be released on bail on their depositing before the court of the Additional district and Sessions Judge (Adhoc)II Kottayam a sum of Rs. 25,000/- each and on executing bond for Rs. 25,000/- each with two solvent sureties for the like amount to the satisfaction of the Additional District and Sessions Judge (Adhoc) II Kottayam and also the following conditions: A) The petitioners shall report before the Station House Officer, ManimalaPolice Station on all alternate Mondays between 9 A.M. and 11 A.M. until further orders. B.A. No. 6683 of 2009 3 B) The petitioners shall surrender their passports before the Sessions Court. If the petitioners do not have passport, they shall file an affidavit to that effect. C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners 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. If the petitioners fail to appear before Court without justifiable grounds, the amount of Rs.25,000/- deposited by the person concerned shall be forfeited forthwith. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE ln