IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3612 of 2008()
1. LALU,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.PIRAPPANCODE V.S.SUDHIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :10/06/2008
O R D E R
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.