Petitioner is accused in Crime No.441 of 2009 of the Ernakulam Central Police station for the offences punishable under Secs.302, 307 and 436 of the Indian Penal code, pending trial in the 5th Additional Session's Court, Ernakulam as S.C. No.92 of 2012, was granted bail at the crime stage but was not present in Court when the case was taken up for framing charge on 07.05.2014 (nor was he represented by the counsel) his bail bond was cancelled, he surrendered before the learned Additional Session's Judge on 05.06.2014, is in custody since then and seeks bail. 2. Learned Public Prosecutor has opposed the application. It is submitted that on 4 occasions the petitioner remained absent though his request for exemption was allowed on 3 occasions. On the 4th occasion - 7.05.2014 neither the petitioner nor his counsel were present.
3. Learned counsel submitted that the petitioner had intimated the counsel about his inability to appear on 07.05.2014 but the counsel could not reach the Court on time due to traffic jam. Learned counsel submitted that the petitioner will hereafter attend the Court without fail.
4. In the light of the undertaking made by the learned counsel, I am inclined to grant relief to the petitioner but subject to conditions.
Application is allowed as under:
Petitioner is granted bail in Crime No.441 of 2009 of the Ernakulam Central Police station [ S.C. No.92 of 2012 of the 5th additional Session's Court, Ernakulam ] and shall be released on bail (if not required to be detained otherwise) on his executing bond for Rs.30,000/- (Rupees Thirty thousand only) with three sureties for the like sum each to the satisfaction of the learned Additional Sessions Judge 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) Except for compelling reasons to the satisfaction of the learned Additional Sessions Judge, the petitioner shall not fail to attend the Court on the dates the case is posted.
c) Petitioner shall not intimidate or influence the witnesses.
d) It is made clear that incase the petitioner violates any of the above conditions it is open to the learned Additional Session's Judge to cancel the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
THOMAS P. JOSEPH JUDGE NS