Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 3RD DAY OF JANUARY 2012 13TH POUSHA 193 Bail Appl..No. 9702 of 2012 () ------------------------------ (CRIME NO.3169/2012 OF ERNAKULAM CENTRAL POLICE STATION.) PETITIONER/ACCUSED : ------------------- UMA RAMESH, AGED 4 YEARS W/O.RAMESH, RESIDING AT SREE MAHALAKSHMI COMPLEX. BY ADV. SRI.C.K.SREEJITH RESPONDENTS/COMPLAINANT & STATE: ---------------------------- 1. THE STATION HOUSE OFFCER, ERNAKULAM CENTRAL POLICE STATION ERNAKULAM DISTRICT REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
2. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. R BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-01-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J.
.................................................................... B.A. No.9702 of 2012 .................................................................... Dated this the 3rd day of January, 2013. ORDER The petitioner is an accused in Crime No.3169/2012 of Ernakulam Central Police Station, who is alleged to have committed offences punishable under Sections 403 and 406 of the Indian Penal Code.
2. The allegation against the petitioner is that gold ornaments of the defacto complainant in fact handed over to somebody is seen in the possession of the petitioner.
3. Learned counsel for the petitioner submitted that the petitioner is falsely implicated with ulterior motives and that the petitioner is totally innocent.
4. After having heard the learned counsel for the petitioner and the learned Public Prosecutor and gone through the records made available by the learned Public Prosecutor, it is seen that there is some substance in the allegation made by the petitioner. Considering the facts and circumstances of the case, it is felt that this is a fit case B.A. 9702/2012 2 warranting exercise of extra ordinary jurisdiction of this court. Accordingly, the application is allowed as follows:
1. The petitioner shall surrender before the Investigating Officer on or before 14.1.2013, who, after interrogation, shall produce the petitioner before the JFCM court concerned, which court on application by the petitioner shall release her on bail on her executing a bond for Rs.10,000/- (Rupees Ten Thousand only) with two solvent sureties for the like sum each to the satisfaction of the JFCM concerned.
2. The learned Magistrate shall ensure the identity of the sureties and also the veracity of the tax receipts produced by the sureties before granting bail to the petitioner.
3. The petitioner shall make herself available for interrogation before the Investigating Officer.
4. The petitioner shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.
5. If any of the above conditions is violated, the bail granted shall stand cancelled and the JFCM concerned, on being satisfied of the said B.A. 9702/2012 3 fact, shall take such steps as are available to him in accordance with law. P.BHAVADASAN Judge pms