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Judgment
Heard the learned counsel appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent-State.
The petitioner along with co-accused is charge sheeted by the respondent-police in their Cr.No.2/2002 in respect of the offence under section 489(B) & (C) r/w Section 34 of IPC. He was on bail. On his abscondence, his case was split up. Split up charge sheet was filed. On recording the statement of witnesses under Section 299 of Cr.P.C, his case was sent to long pending records. Subsequently he was arrested in another crime and brought before the Court under body warrant.
Learned counsel for the petitioner submits that at the stage of registration of the case, the petitioner was aged 19 years. Now he is married and a family holder and has two kids. He had left the city to make a earning to maintain his family. Henceforth he undertakes to appear before the Court regularly and abide by any condition that may be imposed on him.
Learned Government Pleader for the respondent-State opposes the petition.
It is noticed that the petitioner (A-1) is enlarged on bail by the order of the High Court at Ernakulam in a case registered against him in respect of the offence under Section 302 and allied offences. In the light of the above, there is no impediment to allow the petition subject to conditions.
Accordingly, the petition is allowed. Petitioner is enlarged on bail in Crime No.2/2002 of respondent-police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- with one local solvent surety for the likesum to the satisfaction of the concerned Court.
In the event he is unable to furnish local solvent surety, he shall furnish surety of an employee of the State or Central Government or any other Public Organization.
(ii) He shall attend the Court on all hearing dates regularly and punctually.
(iii) He shall co-operate with the Court for speedy trial.
(iv) In the event of his absence to attend the Court at Kasaragod, he shall apply for exemption before the Trial Court.