High Court Kerala High Court

Vinodh vs State Of Kerala on 30 March, 2010

Kerala High Court
Vinodh vs State Of Kerala on 30 March, 2010
       

  

  

 
 
  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.
                       ------------------------
                      B.A. No. 1876 of 2010
                 ------------------------------------
               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

ln