High CourtsSingle Bench(2010) 12 KL CK 0157

Unni vs State of Kerala

High Court Of Kerala · Decided on 14 December 2010

HON’BLE JUDGES
Sasidharan Nambiar, J
CASE NUMBER
Bail Application No. 8218 of 2010

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Judgment

2 paragraphs · 193 words

M. Sasidharan Nambiar, J.—Petitioner, the accused in C.C. No. 703/2005 on the file of Judicial First Class Magistrate''s Court-III, Neyyattinkara, taken cognizance for the offence u/s 498A of Indian Penal Code, after releasing on bail, absconded. Non bailable warrant was issued. He was arrested on 20.9.2010. A State Brief was appointed and charge was also framed and two witnesses were already examined. Though Petitioner sought to release him on bail, by Annexure-A order dated 3.12.2010, learned Magistrate dismissed the petition. This petition is filed for releasing him on bail.

2.

As two witnesses were already examined, I do not find it in the interest of justice to detain the Petitioner further. In such circumstances, Petitioner could be released on bail, on sufficient conditions. Petition is allowed. Judicial First Class Magistrate-III, Neyyattinkara is directed to release the Petitioner on bail on executing a bond for Rs. 15,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate, undertaking that he will appear before the Magistrate on all posting dates without failure. It is made clear that one of the sureties shall be a close relative of the Petitioner.