Petitioner is the 2nd accused in Crime No.6 of 2007 of the Panniyankara Police Station for the offences punishable under Sections 341, 324 and 302 of the Indian Penal Code for allegedly causing death of one Mahesh and causing injury to another along with others on 13.01.2007, was released on bail, allegedly absconded, surrendered on 03.04.2014 and seeks bail. 2. Learned Public Prosecutor has opposed the application. It is submitted that the petitioner absconded after he was enlarged on bail. Accused 1 and 3 were tried, the 1st accused was convicted and the 3rd accused was released.
3. I have heard the learned counsel for the petitioner also.
4. Having regard to the circumstances of the case I am inclined to grant relief since further custody of the petitioner is not required but subject to stringent conditions in order to ensure presence of the petitioner for trail.
Application is allowed as under:
(i) Petitioner is granted bail in Crime No.6 of 2007 of the Paniyankara Police Station and shall be released, if not required to be detained otherwise on his executing bond for Rs.20,000/- (Rupees twenty thousand only) with three sureties for the like sum each before the learned First Additional Sessions Judge, Kozhikode to the satisfaction of the learned magistrate and subject to the following conditions:
(a) Whether or not he/has landed property, one of the sureties shall be a close relative of the petitioner.
(b) Petitioner shall report to the SHO, Panniyankara Police Station on every Saturday between 4.00 and 5.00 p.m until otherwise ordered by the leaned Additional Sessions Judge.
(c) Petitioner shall not leave the State of Kerala until otherwise ordered and except with the permission of the learned Additional Sessions Judge.
(d) Petitioner shall not get involved in any offence during the period of this bail.
(e) Petitioner shall not intimidate or influence the witnesses.
(ii) In case the petitioner violates any of conditions (b) to (e), it is open to the investigating Officer to move the learned Additional Sessions Judge for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).
THOMAS P. JOSEPH, JUDGE.
vsv