This is an application filed by the petitioner who is the first accused in C.C. No.231 of 2013 pending before Judicial First Class Magistrate Court-I, Haripad for regular bail under Section 439 of Code of Criminal Procedure.
2. The petitioner was made an accused in Crime No.540 of 2012 (wrongly shown as Crime No.540 of 2013 in the petition) of Veeyapuram Police Station and during crime stage he was granted bail. After investigation final report was filed and it was taken on file as C.C.No.231 of 2013 on the file of Judicial First Class Magistrate Court-I, Haripad. Thereafter, he could not appear and so his bail was cancelled and non-bailable warrant was issued. Thereafter, he was arrested on 27.06.2014 and then he was remanded to custody. Though he filed an application for bail in this case and in another case pending as C.C.No.568 of 2013 before the same court, in both applications were dismissed by the magistrate and he filed applications for bail before the Sessions Court, both these cases and those applications were also dismissed by the learned Sessions Judge. So he moved this Court for regular bail under Section 439 of the Code of Criminal Procedure.
3. The counsel for the petitioner submitted that the since he met with an accident, he could not move and that was mentioned in the order of the Sessions Court as well and his absence was not willful and he prayed for allowing the application.
4. The application was opposed by the Public Prosecutor as he jumped the bail.
5. It is an admitted fact that the petitioner has been arrayed as first accused in Crime No.540 of 2012 of the Veeyapuram Police Station and he was arrested and he was granted bail in that case earlier. It is also an admitted fact that after investigation final report was filed and the case was taken file as C.C.No.231 of 2013 on the file of Judicial First Class Magistrate Court-I, Haripad and since he did not appear on getting summons, non-bailable warrant was issued. He was arrested on 27.06.2014 and he is in jail from that day onwards. It is also seen from Annexures-A and B orders produced by the petitioner that he was also an accused in C.C.No.568 of 2013 (Crime No.562 of 2012 of the Kanakakkunnu Police Station) (wrongly shown as Crime No.562 of 2013 in the petition) and his bail was cancelled in that case also. It is seen from the order of the court belows that after the incident, he met with an accident and sustained severe injuries and he was bed ridden for long time but he was discharged on 13.08.2013 and did not appear in court and that was taken as a ground by the courts below for rejecting the bail application as there is no explanation for non appearance before the Court below thereafter. It may be mentioned here, that even after discharge he may have some treatment during which period he could not have moved about. So considering the circumstances, this court feels that bail can be granted to the petitioner with some stringent conditions.
Therefore, this application is allowed on the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees twenty thousand only) with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court-I, Haripad.
(ii) The petitioner shall co-operate with the trial of the case and attend the case without fail.
With the above conditions, the bail application is allowed.
Sd/-
K.RAMAKRISHNAN.
JUDGE.
AS /True Copy/ P.A. to Judge