IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 Bail Appl..No. 5824 of 2009() ----------------------------- SESSIONS CASE NO.617/2006 OF ADDITIONAL DISTRICT & SESSIONS JUDGE VADAKARA PETITIONER/ACCUSED -------------------------------------- RAVI, S/O.KUNHIRAMAN, PILATHOTTATHIL HOUSE, KOTHAMANGALAM, QUILANDY. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5824 of 2009 --------------------------------------------- Dated this the 14th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Sessions Case No.617 of 2006 on the file of the court of the Additional District & Sessions Judge, Vadakara. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The case was posted for trial on 14.9.2009 and 15.9.2009. Witnesses were summoned for the purpose of examination on those days. On 14.9.2009, the petitioner was absent and no application was filed to excuse his absence. The court below cancelled the bail and non bailable warrant was issued against the petitioner on 14.9.2009. On 15.9.2009, non bailable warrant was returned unexecuted. A Miscellaneous case was registered against the sureties. Non bailable warrant was again issued to arrest the accused. The case was adjourned to 26.9.2009. On 16.9.2009, the petitioner surrendered before BA No.5824/2009 2 court. He filed an application for bail. That application was dismissed by the court below and the petitioner was remanded to judicial custody. The petitioner remains in judicial custody. 4. The Registry has got information from the court below that the case now stands posted to 24.10.2009. 5. The learned counsel for the petitioner submitted that the petitioner is prepared to comply with any condition that may be imposed by this Court and that he undertakes to appear before court on all posting dates without fail. This undertaking is recorded. 6. Taking into account the facts and circumstances of the case, I am of the view that bail can be granted to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.1,00,000/- with two solvent sureties for the like amount to the satisfaction of the Additional District & Sessions Judge, Vadakara, subject to the following conditions: a) The petitioner shall appear before the trial court on all posting dates without fail. If the petitioner fails to appear, the bail bond shall be forfeited forthwith; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; BA No.5824/2009 3 c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl