P RAVEENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the first accused in Crime No. 39(S)/89 SPE and RC 40 (S)/89 CBI, Cochin for offences punishable under Sections 465, 466, 473, 474 read with Sec. 120 (B) of I.P.C. seeks his enlargement on bail.

(2.) He was facing trial in the case which was conducted before the Chief Judicial Magistrate, Ernakulam as C.C. 526/92. After trial of the case, it stood posted for 313 examination on 13-3-2006. But on that day and on subsequent days the petitioner was absent and his applications for excusing his absence were granted by the court. On 21-8-2006 when the case called the petitioner was absent and there was no representation also. Thereupon his bail was cancelled and non-bailable warrant of arrest was issued against the petitioner. He was arrested and produced before the court which dismissed his bail application filed as Crl.M.P. 37/07. It is thereafter that the petitioner preferred this application for bail.

(3.) In as much as the petitioner has stated that it was on account of his daughter's marriage that he was unable to appear before the court below and that he now undertakes that he shall participate in the rest of trial, I am inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on bail on his executing a bond for Rs. 10,000/- (Rupees ten thousand only) with two solvent sureties each for the like amount to the satisfaction of the Chief Judicial Magistrate, Ernakulam and subject to such conditions which the court below may impose including one to ensure the continued presence of the petitioner during the trial of the case. This application is allowed as above.