Petitioner is the first accused in Crime No.127 of 2007 of the Pavaratty Police Station now pending in the Second Additional Assistant Sessions Court, Thrissur as LP No.24 of 2013 for the offence punishable under Sec.308 r/w Sec.34 of the Indian Penal Code, is in custody from 26.04.2014 and seeks bail.
2. Learned Public Prosecutor has opposed the application.
It is submitted that the petitioner absconded and was not available for trial when the other accused were tried. It is also submitted that the petitioner is involved in Crime No.78 of 2007 for the offence under Sec.307 of the Penal Code.
3. Learned counsel submits that all other accused in the case were tried and acquitted. In Crime No.78 of 2007, petitioner is in bail.
4. Since the case is now pending in the Second Additional Assistant Sessions Court, Thrissur and it could be disposed of as early as possible, I am inclined to grant bail but subject to stringent conditions to make his presence available for trial.
Resultantly this application is allowed as under:
(i) Petitioner is granted bail in Crime No.127 of 2007 of the Pavaratty Police Station (L.P.No.24 of 2013 of the Second Additional Assistant Sessions Court, Thrissur) and shall be released, if not required to be detained otherwise on his executing bond for `35,000/- (Rupees Thirty Five Thousand Only) with three sureties for the like sum each to the satisfaction of the learned second Additional Assistant Sessions Judge, Thrissur and subject to the following conditions:
(a) Whether or not he/she has landed properties, one of the sureties shall be the father/mother/brother/close relative of the petitioner.
(b) Petitioner shall surrender his passport before the learned second Additional Assistant Sessions Judge, Thrissur while executing the bail bond and in case he has none, file affidavit to that effect.
(c) The passport shall be returned to the petitioner only after the trial of the case on hand is over.
(d) Petitioner shall report to the Officer who has investigated and charge sheeted the case if and when directed for interrogation.
(e) Petitioner shall not, during the period of this bail get involved in any offence.
(f) Petitioner shall not intimidate or influence the witnesses.
(g) Petitioner shall not, except with the permission of the learned second Additional Assistant Sessions Judge, Thrissur go beyond the State of Kerala.
(h) In case of violation of any of condition Nos.(d) to (g), bail granted hereby is liable to be cancelled by moving application before the learned second Additional Assistant Sessions Judge, Thrissur as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge