IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 Bail Appl..No. 751 of 2008() ---------------------------- CP.350/2007 of J.M.F.C.,KASARAGOD .................... PETITIONER/1ST ACCUSED --------------------------------------- AZEEZ, S/O.MAMMED, ASMINA MANZIL BAIKKATTA P.O., KASARAGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE ------------------------------ STATE OF KERALA, REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 751 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of February, 2008 O R D E R Application for regular bail. The petitioner faces allegations in a crime registered for offences punishable, inter alia, under Sections 332 and 308 I.P.C. The crux of the allegations against the petitioner is that he indulged in culpable overt act on 6.9.2007. Investigation is now complete. Final report has already been filed. The petitioner was not arrested till the final report was filed. He surrendered on 29.1.2008 after the final report was filed and committal proceedings was registered. The learned Magistrate rejected the prayer for regular bail. The petitioner continues in custody from 29.1.2008. 2. The learned counsel for the petitioner submits that the final report having already been filed, there is no necessity to insist on continued detention of the petitioner. Subject to any appropriate conditions, the petitioner may be released on regular bail, prays the counsel. B.A.No. 751 of 2008 2 3. The learned Prosecutor submits that the petitioner has criminal antecedents. He was not available for arrest for a long period of time. Subject to appropriate conditions which shall ensure that the petitioner shall be available for trial before the courts below, he can be granted regular bail, submits the Prosecutor. 4. Having considered all the relevant inputs, I am satisfied that the petitioner can now be directed to be enlarged on bail subject to appropriate conditions, which shall ensure the continued presence of the petitioner before the courts below for trial. 5. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall execute a bond for Rs.2,00,000/- (Rupees two lakhs only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (b) He shall make himself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. B.A.No. 751 of 2008 3 © The petitioner shall report before the S.H.O. Manjeswaram Police Station between 5 p.m. and 6 p.m. on the first and last Saturdays of all English Calender months until the case against him is finally disposed of. (R. BASANT) Judge tm