Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 24TH DAY OF AUGUST 2023 / 2ND BHADRA, 1945 CRIME NO.574/2003 OF THODUPUZHA POLICE STATION, IDUKKI PETITIONER: RANADEVAN M.B. AGED 53 YEARS S/O. BHASKARAN, PALAKKATTUNIRAPPEL, KUNNUMPURAM, THOTTUMUGAM P.O., ALUVA, ERNAKULAM, PIN - 683105 BY ADVS. SREEKANTH S.NAIR SANDEEP P JOHNSON RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADV ADV C.S. HRITHWIK - SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
The petitioner is the accused in Crime No.574/2003 of
Thodupuzha Police Station, which was registered for the offences punishable under Section 379 read with Section 34 of IPC. The petitioner was initially granted bail in this case but, as he failed to appear before the Judicial First Class Magistrate Court, Thodupuzha after cognizance was taken on the final report submitted in the said case, a non bailable warrant was issued against him. Later, the said case was included in the long pending register as L.P. No.24/2012. This application is submitted by the petitioner seeking anticipatory bail.
2. Heard Sri.Sreekanth S. Nair, learned counsel for the petitioner and Sri.C.S. Hrithwik, learned Public Prosecutor for the State.
3. The specific contention put forward by the learned
counsel for the petitioner is that, there was no willful lapses on the part of the petitioner, in not appearing before the trial court. According to him, it was due to an unexpected accident that occurred to the petitioner during the year 2010 and even now he is undergoing treatment for the injuries in connection with the same. Therefore, the petitioner seeks an opportunity by stating that he is ready and willing to cooperate with the trial.
4. The learned Public Prosecutor opposes the said
application by pointing out that the petitioner has been evading the process of law for the past several years and therefore, dismissal of the application was sought.
5. I have gone through the records. It is true that, there is
some lapses on the part of the petitioner in cooperating with the trial. However, as the petitioner has come forward by conveying his willingness to cooperate with the trial, I am of the view that, one opportunity can be granted to him.
6. In such circumstances, this application is disposed of,
directing the petitioner to surrender before the Judicial First Class Magistrate Court, Thodupuzha, within a period of three weeks from today. Thereupon, the petitioner shall be released on bail, upon he executing a bond for Rs.1,00,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. This shall be subject to the condition that the petitioner shall appear before the court, as and when required, and he shall not be involved in any other offences of similar nature while on bail. The petitioner shall not be arrested for a period of three weeks.
Accordingly, this bail application is disposed of. Sd/- ZIYAD RAHMAN A.A. JUDGE scs