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Judgment
B.V. Pinto
This petition is filed seeking bail in Crime No.215/1999 of Devaraja police station, Mysore City registered on 26.08.1999 for the offence punishable U/s. 408 of IPC. After investigation, charge sheet came to be filed U/s. 409 of IPC in the year 2004 and the case is registered as CO No.13/3005 on the file of III Additional Civil Judge (Senier Division) C.J.M., Mysore.
Heard Sri. Manjesh, learned counsel for the petitioner and Sri. Vijaykumar Majage, learned HCGP for the State/ Res pondent.
The learned counsel for the petitioner submits that, due to ill health he could not appear before the Court Hence, the Court has cancelled the bail and warrant was issued. He farther submits that, petitioner would be regular in future.
Having regard to the fact that, misappropriation is only for a sum of Rs. 16,000/- as per the charge sheet, leniency can be shown to the petitioner. Hence, the petitioner is entitled for release on bail.
Accordingly, the petition is allowed. The petitioner is directed to be released on bail on his executing a personal bond for Rs. 25,000/- (Rupees Twenty Five Thousand only) with one surety for the likesum to the satisfaction of the Court below and subject to following condition:
i) If the petitioner is absent before the Court even for one day, without reasonable cause, bail granted herein shall be cancelled by the learned Magistrate and he shall remand the petitioner to custody.