Santhosh Kumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 30TH DAY OF JULY 2015/8TH SRAVANA, 1937 Bail Appl..No. 4171 of 2015 ----------------------------------------- CRIME NO.76/2006 OF MEDICAL COLLEGE POLICE STATION , THIRUVANANTHAPURAM ------------------- PETITIONER(S)/PETITIONER/2ND ACCUSED:

------------------------------------------------------------------------ SANTHOSH KUMAR @ DHARMMAN, AGED 36 YEARS, S/O/.RAMACHANDRAN, KUNNUKUZHI VEEDU, KAKKAMOOLA, KALLIYOOR, THIRUVANANTHAPURAM.

BY ADVS. SRI.SUMAN CHAKRAVARTHY SMT.BREJITHA UNNIKRISHNAN RESPONDENT(S) :

---------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682 031.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No. 4171 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the second accused in SC.No.1552/2009 on the file of the Additional Sessions judge-I, Thiruvananthapuram. After obtaining bail he failed to appear before the court and the court recorded forfeiture of his bond and proceeded against him. Later, he was arrested on 21.06.2015 and since then he has been in judicial custody. He prays that he may be granted bail.

3.

Heard.

4.

Pursuant to the directions issued by this court the petitioner has deposited the amount covered by the bond executed by him earlier. I think with appropriate conditions he may be released on bail again.

In the result, this application is allowed.

1.

The petitioner will be released on bail on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the

B.A. No. 4171 of 2015 satisfaction of the learned Magistrate concerned. 2.

He shall appear before the court without fail subject to the exemption that may be granted by the court below.

3.

He shall not leave Thiruvananthapuram district except without the permission of the court below. 4.

He shall not threaten or attempt to influence the witnesses, nor shall he while on bail, get himself involved in any criminal case; nor shall he destroy or attempt to destroy the evidence or interfere with the investigation. 5.

He shall surrender his passport before the lower court concerned of if he does not have one, he shall file an affidavit to that effect within five days of his release. 6.

He shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.

If the petitioner violates any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law.

sd/- K. ABRAHAM MATHEW JUDGE R.AV