IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 Bail Appl..No. 3612 of 2008() ----------------------------- CP.226/2007 of J.M.F.C.-I,NEYYATINKARA CRIMENO.68/2007 OF NEMOM POLICE STATION APPLICANT/1ST ACCUSED: --------------------------------------- LALU, S.L. NIVAS, MEKKINKARA, PAKALLUR, KALLIYOOR, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (SUB INSPECTOR OF POLICE, NEMOM POLICE STATION). BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------ Bail Appl.No. 3612 of 2008 ------------------------------------------ Dated this the 10th day of June, 2008. ORDER Petition for bail. 2. Petitioner is the 1st accused against whom a case is pending under Sections 449, 323, 302 and 34 of IPC. According to prosecution, on 10.2.2007, the petitioner along with other persons murdered one Stanely. 3. Learned counsel for the petitioner submitted that the petitioner did not receive any summons from the court after the filing of the charge-sheet. Affixture was also not effected at his house,it is submitted. Hence, he was not aware of the pendency of the proceedings. It was further submitted that learned Sessions Judge rejected the bail application on the ground that petitioner practically admitted the affixture of notice at his residence. Petitioner produced Annexure -IX, the copy of the bail application, to show that he has not made any such admission. 4. Learned Public Prosecutor submitted that if petitioner is [B.A. No.3612/08] 2 granted bail, he will not be available for trial. On going through Annexure -IX, it can be seen that petitioner has specifically denied the allegation of service of notice by affixture. According to him, no police personnel came to his house to handover summons as stated by the police. Learned counsel for the petitioner also submitted that petitioner is prepared to abide by any condition imposed by this Court. 5. On hearing both sides, I am satisfied that petitioner can be granted bail on stringent conditions. Hence, bail is granted to the petitioner on the following terms and conditions: (i) Petitioner shall execute a bond for Rs. 1 lakh with two solvent sureties each for the like sum to the satisfaction of the trial court. (ii) Petitioner shall report before the SHO on every Sunday between 10 A.M. and 1 P.M. until further orders. (ii) Petitioner shall surrender his passport, if any, before the trial court. Petition is allowed. K. HEMA, JUDGE. Krs.