IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2200 of 2010()
1. AZEEZ, S/O.MAHAMOOD, AGED 35 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SMT.VIJAYAKUMARI
For Respondent : No Appearance
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :23/04/2010
O R D E R
P.Q.BARKATH ALI, J.
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B.A. No.2200 of 2010
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Dated this the 23rd day of April, 2010
O R D E R
This is a bail application filed by the accused in the
Sessions Case No.256/2007 (Crime No.278/2005 of
Vadakara Police Station) pending before the Additional
District and Sessions Court, Vadakara under Section 439 of
Code of Criminal Procedure.
2. The allegation against the petitioner is that he
has committed an offence punishable under Section 308
read with Section 34 I.P.C. The case was scheduled for
trial on 1st February, 2010 and summons were issued to the
witnesses. On that date accused was present. But as the
witnesses were absent the case was adjourned to the next
day ie., 2nd February, 2010 and NBW were issued to CWs1
to 5. On that date CWs 6 to 14 were present. But as the
accused was absent the case could not be proceeded with.
Therefore the trial court cancelled his bail and warrant
was issued against him. As the warrant was returned
unexecuted proceedings were initiated against sureties
B.A. No.2200 of 2010
2
under Section 446 of Code of Criminal Procedure.
Sureties produced the accused before trial Court on 16th
March, 2010. The trial court rejected his bail application
and remanded him to judicial custody.
3. It is alleged in the petition that due to illness he
was unable to attend the lower court on 2nd Fbruary, 2010,
that he produced Medical Certificate before trial court
which was not considered and that therefore his absence
before trial Court on 2nd February, 2010 may be excused
and he may be released on bail.
4. Notice given to Public Prosecutor. Heard the
learned counsel for the petitioner and the learned Public
Prosecutor.
5. For the following reasons I am inclined to grant
bail to the petitioner. He was on bail till 1st February,
2010. He produced the Medical Certificate before Lower
Court for his absence on 2nd February, 2010. Therefore I
feel that his absence on that date was not wilful and can
be excused. It follows and I hold that bail can be granted
to petitioner.
B.A. No.2200 of 2010
3
6. In the result, the application is allowed. The
petitioner shall be released on bail on executing a
bond for Rs.25,000/- with two solvent sureties for like
sum each to the satisfaction of the lower court. He
shall appear before Lower Court on all hearing dates
failing which the Lower Court can cancel his bail.
P.Q.BARKATH ALI, JUDGE
skj