Petitioner is accused in C.C.No.1253 of 2008 of Judicial First Class Magistrate Court, Adoor for the offences punishable under Sections 420,468, 471 read with Section 34 of the Indian Penal Code, is in custody from 19.03.2014 and seeks bail. 2. The learned Public Prosecutor has opposed the application. It is submitted that the petitioner and others removed a car belonging to one Radhadevi, forged vehicular documents and pledged it with another person. The petitioner absconded after being released on bail. It is also submitted that the petitioner is convicted in another case by the learned Chief Judicial Magistrate, Pathanamthitta.
3. The learned counsel submitted that the petitioner is in custody from 19.03.2014.
4. Having regard to the relevant circumstances, I am inclined to think that further detention of the petitioner in the case on hand is not necessary and that the petitioner could be granted bail but subject to stringent conditions to ensure presence of the petitioner for trial of the case.
The application is allowed as under :
I. Petitioner is granted bail in C.C.No.
1253 of 2008 of the Judicial First Class Magistrate Court, Adoor and shall be released (if not required to be detained otherwise) on his executing bond for `30,000/- (Rupees thirty thousand only) with three sureties for the like sum to the satisfaction of the learned Judicial First Class Magistrate and subject to the following conditions .
a. Whether or not he/she has landed property, one of the sureties shall be the father/mother/brother/close relative of the petitioner.
b. Petitioner shall surrender his passport before the learned Judicial First Class Magistrate and in case he has none, file affidavit to that effect while executing the bail bond.
c. Petitioner shall not leave local limits of the Pathanamthitta District unless it is to attend any court or other authority as per order in writing, until otherwise ordered and except with the permission of the learned Judicial First Class Magistrate, Adoor.
d. Petitioner shall report to the officer investigating the case on every Saturday between 10 a.m and 12 p.m, or until filing of the final report whichever is earlier.
e. Petitioner shall report to the investigating officer as and when required for interrogation.
f. Petitioner shall not get involved in any offence during the period of this bail.
g. Petitioner shall not intimidate or influence the witnesses.
h. Petitioner shall not, except for compelling reasons to the satisfaction of the learned Judicial First Class Magistrate, Adoor fail to appear in that Court on the dates C.C.No.1253 of 2008 is posted for inquiry/trial.
i. In case any of condition Nos.(b) to (h) is violated, it is open to the investigating officer to file application before the learned Judicial First Class Magistrate, Adoor for cancellation of the bail granted hereby, as held in P.K.Shaji v.State of Kerala [AIR 2006 SC 100].
AMV sd/- THOMAS P. JOSEPH JUDGE /TRUE COPY/ P.A.TO JUDGE