Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in S.C.No.233/2014 presently pending trial before the IV Additional Sessions Judge, Thrissur for the offences punishable under Sections 120B, 153 A, 143, 147, 148, 201, 212 and 302 IPC read with Section 149 IPC.
3. It seems that the case against the co-accused, who had appeared, was committed to the Court of Sessions and the case against the present petitioner was split up and re-filed as C.P.No.57/2013. The petitioner has been arrested by the Customs Authorities on 19.09.2013 and he has been undergoing preventive detention. His application seeking bail has been dismissed by the court below by pointing out that his presence could not be procured, if enlarged on bail.
4. Heard learned counsel for the petitioner and the learned Senior Public Prosecutor.
5. The learned counsel for the petitioner has pointed out that the petitioner had gone abroad and was working for gains there. His preventive detention will be over by 20.11.2014. Considering the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner, I am of the view that the petitioner can be enlarged on bail by ensuring his availability for trial.
6. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the Court below, 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 against him.
(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 DSV/12/11 // TRUE COPY// P.A. To Judge.