Linto vs State Of Kerala

K. Haripal, J

The petitioner is the second accused in Crime No.1969/2016 of Thrissur Town West Police Station, which was registered alleging offence

punishable under Sections 294(b), 506(i), 308 read with Section 34 of Indian Penal Code and also under Section 3(a) and 6 of the Explosive

Substances Act.

While on bail the petitioner went absconding and at that stage he was arrested on 22.02.2021 and since then is in custody. According to the learned

counsel, for the last 179 days, he is in custody. The petitioner could not appear before court due to the adverse pandemic situation, that he is prepared

to abide by any condition imposed by this Court.

Heard the learned Public Prosecutor also. The learned Public Prosecutor submits that the case is now pending before the First Additional Assistant

Sessions Court, Thrissur as S.C.No.440/2020. The petitioner is one of the 11 accused in the crime and that he was arrested with much difficulty after

he had gone absconding, after taking coercive steps under Sections 82 and 83 of the Criminal Procedure Code.

After hearing counsel on both sides, I think that bail can be granted to the petitioner on the following condition:-

i) The petitioner shall execute a bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the trial court;

ii) One of the sureties shall be a near relative of the petitioner;

iii) He shall make a security deposit of Rs.10,000/- ( Rupees Ten thousand only) before the trial court which shall be returned to him after the disposal of the case;

iv) Petitioner shall surrender his passport within 10 days of release before the trial Court; if he does not possess a passport, an affidavit shall be filed on that behalf;

v) He shall appear before the trial court on all dates of posting;

vi) If any of the above conditions are violated by the petitioner, the trial Court will be at liberty to cancel the bail in accordance with law.

This bail application is allowed as above.