Sri. Nayaz vs State

V. Jagannathan, J.—Petitioner seeks bail in respect of a case registered in Cr. No. 154/94 of Tilka park Police, for the offenses punishable u/s 457 & 380 of IPC.

Submission of the Petitioner''s Counsel is that, the case against accused No. 1 and the other accused in the same crime number has ended in acquittal and merely because this Petitioner was shown as ''absconding'' the case was transferred to long pending case file and as the Petitioner is a permanent resident of Tumkur working as a coolie, bail therefore be granted to him.

Having thus heard the Petitioner''s. Counsel and also the learned HCGP for the State in this regard, and accused No. 1 and other accused having been acquitted by the trial court in the same crime number and split up case being registered against this Petitioner, I am of the view that the Petitioner can be granted bail by imposing a condition that he shall appear before the trial court on all dates of hearing to facilitate the disposal of the case pending against him.

In the result, petition is allowed and the Petitioner is granted bail, subject to the following conditions:

(i) Petitioner shall be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with two sureties for the likesum to the satisfaction, of the trial court.

(ii) He shall not tamper or attempt to tamper any of the prosecution witnesses.

(iii) He shall not give threat to the prosecution witnesses in any manner.

(iv) He shall appear before the trial court on all dales of hearing without fail.

(v) He shall not leave the Tumkur district without prior permission of the jurisdictionalMagistrate.

(vi) He shall mark his attendance before the concerned police station on every Sunday between 10 a.m., and 5 p.m.

If the Petitioner is failed to appear before the trial court on any of the date of bearing, the prosecution is at liberty to move the Court for cancellation of bail.