Application filed under Section 439 of the Code of Criminal Procedure.
2. Petitioner is the accused in L.P.No.65 of 2005 of the Judicial First Class Magistrate's Court-II, Aluva which was pending earlier as C.C.No.304 of 2002. The offences alleged against the petitioner were punishable under Sections 379 and 188 of the Indian Penal Code, relating to sand theft. It seems that the charge was framed on 09.01.2003. Petitioner had gone abroad and there he was working for gain, and consequently the case was included in the L.P. register.
3. It seems that the petitioner had surrendered before the court below on 21.10.2014.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. Learned counsel for the petitioner has pointed out that the petitioner had met with an accident, which had resulted in loss of memory and therefore, the petitioner could not appear before the court below on time. It seems that the petitioner has surrendered on 21.10.2014. Presently the case has been re-filed as C.C.No.1066 of 2014.
6. Considering the facts and circumstances of the case, this court of the view that by making adequate safeguard for the availability of the petitioner for trial, he can be enlarged on bail.
In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for ₹50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) The petitioner shall surrender his passport before the court below and the court below shall keep it till the disposal of the case.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge