Bhargavan vs The State of Kerala

K.T. Sankaran, J.—This is an application for bail u/s 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 197 of 2002 of Panniyankara Police Station, which is now pending in C.C. No. 44 of 2010, on the file of the Court of the Chief Judicial Magistrate, Kozhikode.

The offences alleged against the petitioner are under Sections 406, 409 and 420 of the Indian Penal Code.

The charge sheet was filed in the case on 15.1.2010. It is stated that the petitioner could not be arrested during the crime stage. He was absconding. After filing the charge sheet, summons could not be served on the petitioner as he was not available. The case was treated as long pending. He was arrested in execution of the non-bailable warrant on 12.3.2010. He was produced before Court. The petitioner moved for bail. That application was rejected by the learned Magistrate. The petitioner filed application for bail before the Court of the Sessions Judge, Kozhikode Division. That application was dismissed by the Sessions Court by the order dated 24.3.2010, holding that the petitioner has no permanent abode and that if he is released on bail, he would make himself scarce.

The address shown in the Bail Application is incomplete. The address shown in the orders passed by the learned Magistrate as well as the Sessions Judge is also incomplete. The learned Counsel for the petitioner pointed out that in the Bail Application filed before the Sessions Court, it is stated that the petitioner is a resident of Quilon District along with his wife and two children and that he was not aware of the registration of the crime or the investigation. To a query as to which place the petitioner belongs, the learned Counsel submitted that the address of the petitioner is Shine Cottage, Post Arts College. He was not sure in which district this place is. The learned Public Prosecutor submitted, with reference to the complaint filed by the de facto complainant, that the address shows that it is Arts College, Meenchantha, Kozhikode.

The learned Counsel for the petitioner submitted that the petitioner is prepared to comply with any condition that may be imposed by the Court for the grant of bail. He undertakes to appear before the Court regularly.

Taking into account the facts and circumstances of the case, by way of extreme indulgence, I am inclined to grant bail to the petitioner on stringent conditions.

The petitioner shall be released on bail on his executing bond for Rs. 50,000/- with two solvent sureties, who own immovable properties in the State of Kerala, for the like amount to the satisfaction of the Chief Judicial Magistrate, Kozhikode, subject to the following conditions:

a) The petitioner shall report before the Station House Officer, Panniyankara Police Station between 9 A.M. and 11 A.M. on the first Sunday of every month;

b) The petitioner shall surrender his passport, if any, before the Chief Judicial Magistrate, Kozhikode within one week. If the petitioner does not hold an Indian passport, an affidavit to that effect, sworn to by him, shall be filed before the learned Magistrate within one week;

c) The petitioner shall furnish his correct and complete address before Court with sufficient proof for the same;

d) The petitioner shall appear before Court on all posting dates without fail, unless he is prevented by sufficient cause from appearing, for reasons beyond his control, to the satisfaction of the learned Magistrate;

e) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence;

f) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail;

g) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.

The Bail Application is allowed as above.