IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1876 of 2010()
1. VINODH, AGED 33 YEARS, S/O. PAKKEERAN,
... Petitioner
Vs
1. STATE OF KERALA, THROUGH THE
... Respondent
For Petitioner :SRI.KODOTH SREEDHARAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :30/03/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 1876 of 2010
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Dated this the 30th day of March, 2010
O R D E R
This is an application for bail under Section 439 of the Code
of Criminal Procedure. The petitioner is accused No.2 in Sessions
Case No. 134/2010 on the file of the Court of the Additional
Sessions, Judge, Kasaragod.
2. The offences alleged against the petitioner are under
Sections 332 and 307 of the Indian Penal Code.
3. The date of occurrence was on 25.04.2002. The
petitioner was arrested on 25.04.2002 itself. It is stated that he
was released on bail at the crime stage. The case of the
petitioner is that he did not receive summons in the case.
Anyhow, the presence of the petitioner could not be secured
before the Court for about 7 years. According to the petitioner,
he was working in Mumbai.(order passed by the Additional
Sessions Judge, Kasaragod says that the petitioner was working
abroad. The learned counsel for the petitioner submitted that this
is not fully correct.)
B.A. No. 1876 / 2010 2
4. The petitioner surrendered before the Additional Sessions
Court on 01.03.2010 and he was remanded to judicial custody.
Application for bail filed by the petitioner was dismissed by the
Additional Sessions Judge, Kasaragod as per the order dated
11.03.2010.
5. The learned counsel for the petitioner submitted that the
petitioner is prepared to comply with any condition that may be
imposed by the Court. The petitioner also assures that he would
be present in Court during the trial of the case and that there will
be no room for any complaint that he absconded. This
submission is recorded.
6. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
petitioner, the nature of the offence and the present stage of
investigation, I am of the view that bail can be granted to the
petitioner on stringent conditions.
7. The petitioner shall be released on bail on his executing
bond for Rs.50,000/- with two solvent sureties each for the like
amount to the satisfaction of the Additional Sessions Judge
(Adhoc-II), Kasaragod subject to the following conditions:-
B.A. No. 1876 / 2010 3
A) The petitioner shall report before the Station
House Officer, Bedakadm Police Station
between 9 A.M. and 11 A.M. on every
Monday, till the trial of the case is over.
B) The petitioner shall surrender his passport
before the Court of the Additional Sessions
Judge(Adhoc-II), Kasaragod within one
week from the date of release on bail. If
the petitioner does not hold an Indian
Passport, an affidavit sworn to by him to
that effect shall be filed before the learned
Additional Sessions Judge within one week.
C) The petitioner shall not try to influence the
prosecution witnesses or tamper with the
evidence.
D) The petitioner shall not commit any offence
or indulge in any prejudicial activity while
on bail.
E) 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
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