IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 Bail Appl..No. 2358 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.2183/2008 Dated 01/04/2008 CC.52/2007 of C.J.M.,THODUPUZHA CRIME NO.722/06 OF THE THODUPUZHA POLICE STATION .................... PETITIONER. ---------------------------- K.U.NAZAR, AGED 36, S/O. C.K.UMMER, KIZHEKKEL CHOZHAKUNNEL, PERUMBILLICHIRA P.O., THODUPUZHA. BY ADV. SRI.K.A.HASSAN RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 2358 OF 2008 ------------------------------------------------- Dated this the 9th day of April, 2008 ORDER Application for regular bail. The petitioner faces indictment in a prosecution for offences punishable under Sec.498A of the IPC. Cognizance has already been taken. The petitioner had not appeared before the learned Magistrate. Coercive processes were issued by the learned Magistrate. The petitioner had come before this Court seeking anticipatory bail. By order dated 1/4/08 in B.A.No.2183/08 the said application for anticipatory bail was dismissed with observation that the petitioner must surrender and seek regular bail. Accordingly, the petitioner surrendered on 2/4/08. He was remanded to custody. He continues in custody, his application for regular bail having been dismissed by the learned Magistrate. Copy of the said order has not been produced. B.A. No. 2358 OF 2008 -: 2 :- 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor reports that the State has no objection in regular bail being granted to the petitioner subject to appropriate conditions which shall ensure the presence of the petitioner before the learned Magistrate for trial. I am satisfied that the petitioner can now be enlarged on bail subject to appropriate conditions. In the absence of opposition from the learned Public Prosecutor, it is not necessary for me to advert to the facts in any greater detail in this order. 3. In the result, this application is allowed and the petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (R. BASANT, JUDGE) Nan/ B.A. No. 2358 OF 2008 -: 3 :-