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DILEEP, S/O. GOPALAN v. STATE OF KERALA, REPRESENTED BY - Bail Appl No. 7495 of 2006  RD-KL 3174 (12 December 2006)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 7495 of 2006()
1. DILEEP, S/O. GOPALAN,
1. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.A.C.DEVY
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V. RAMKUMAR, J.B.A.7495 OF 2006 Dt. DECEMBER 12 , 2006
ORDERpetitioner who is the 2nd accused in Crime No.878/2002 of Central Police Station, Ernakulam for offences punishable under secs.363 and 395 read with sec.34 IPC and now pending before the Ist Addl. Asst. Sessions Court, Ernakulam as S.C.No.597/2005, seeks his enlargement on bail.
2. The case before the Addl. Sessions Court stood posted for framing charge on 17.11.2006 on which day the petitioner was absent and his application for exemption was allowed for valid reasons. The case was then posted to 1.12.2006 on which day also the petitioner remained absent. According to him he was laid up with viral fever in support of which he had produced medical certificate also. But his application for personal exemption was dismissed and the bail bond was cancelled and notice was issued to the sureties. The case was then adjourned to 11.12.2006 on which day the petitioner was present with fresh sureties and he filed a fresh application for bail. The court below declined to accept the bail application and remanded the petitioner to judicial custody. BA 7495/06 2
3. It is true that on 1.12.2006 the petitioner was absent for the second time. But when a medical certificate was produced in support of his absence, the court below should have given the petitioner one more opportunity. At any rate, when the petitioner appeared along with fresh sureties on 11.12.2006, he should have been granted bail on fresh sureties. Accordingly I am inclined to grant bail to the petitioner. The petitioner is directed to be released on bail on his executing a bond for Rs.10,000/- (ten thousand only) with two solvent sureties each for the like amount to the satisfaction of the Ist Addl. Asst. Sessions Judge, Ernakulam and subject to the following conditions:-
1. The petitioner shall appear before the trial court on on all the regular dates of posting of the case.
2. The petitioner shall not commit any offence while on bail. This application is allowed as above.
(V.RAMKUMAR, JUDGE)BA 7495/06 3 mt/-
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