IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Bail Appl..No. 131 of 2008() ---------------------------- CC.867/2007 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM CRIME 275/94 OF KOTHAMANGALAM POLICE STATION .................... PETITIONER/ACCUSED NO.2 ---------------------------------------- KUNJU MOIDU @ MOIDU, S/O.ABOOBACKER, KOOMULLINKATTIL HOUSE, PANAVANNANSAM, KOTHAKURISSI DESAM, PALAKKAD DISTRICT. BY ADV. SRI.N.ANILKUMAR RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 131 OF 2008 B ```````````````````````````````````````````````````` Dated this the 8th day of January, 2008 O R D E R Petitioner faces indictment in a prosecution under Section 420 IPC. The crime was registered in 1994. Investigation was completed. Final report was filed and cognizance was taken in C.C.388/95. Some of the co- accused, who were available, were tried, found not guilty and acquitted. The case against the petitioner has been split up and is pending as C.C.867/07. The petitioner was arrested and continues in custody from 28.12.07, his application for bail having been dismissed by the learned Magistrate on 29.12.07. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He was available in India all through but no process was ever received by him. He was not apprised of the pendency of any such case. Either during the investigation or thereafter, the petitioner has not been BA.131/08 : 2 : informed of the pendency of the proceedings against him. It is in these circumstances that the petitioner could not appear before the learned Magistrate earlier. He was arrested on 28.12.07 and produced before the learned Magistrate. The petitioner is willing to offer bail. He shall abide by any appropriate conditions. He may not be subjected to the trauma of undeserved continued incarceration, it is prayed. 3. Having considered all the relevant inputs, I am satisfied that the petitioner can be granted regular bail subject to appropriate conditions. The request of the learned Public Prosecutor that appropriate conditions may be imposed to ensure the continued presence of the petitioner can certainly be accepted. 4. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions: i) The petitioner shall execute a bond for Rs.1,50,000/- (Rupees one lakh and fifty thousand only) with BA.131/08 : 3 : two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall report before the SHO of the Kothamangalam police station between 5 pm and 6 pm on the first Monday of all English calender months until the case against him is finally disposed of. (R.BASANT, JUDGE) aks