Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH MONDAY, THE4H DAY OF NOVEMBER201313TH KARTHIKA, 1935 Bail Appl..No. 7356 of 2013 () ----------------------------------------- CRIME NI.773/2013 OF MARADU POLICE STATION ------------ PETITIONER/ACCUSED NO.1: ------------------------------------------ NEBU, AGED29YEARS, S/O.BABU, CMC14 MALIYECKAL VEEDU, (THOPPUVELI), CHAKKARAKULAM BHAGOM, KOKKOTHAMANGALAM VILLAGE, CHERTHALA TALUK ALAPPUZHA DISTRICT. BY ADV. SRI.T.P.SANTHOSH KUMAR RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.(IN CRIME NO.773/2013 OF MARADU POLICE STATION).
2. STATE OF KERALA REPRESENTED BY S.I OF POLICE ARTHUNGAL POLICESTATION, ERNAKULAM DISTRICT. BY PUBLIC PROSECUTOR SRI.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0411-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ THOMAS P.JOSEPH, J.
========================= Bail Application No.7356 of 2013 ============================ Dated this the 4th day of November, 2013 ORDER
Petitioner is the first accused, in Crime No.773 of 2013 of the Maradu police station for the offences punishable under Secs. 411 and 379 r/w. Sec. 34 of the Penal Code for alleged theft of a car from the compound of a hospital at Vyttila, it being handed over to the accused, is in custody from 02.10.2013 and seeks bail.
2. Learned Public Prosecutor has submitted that the final report in this case is filed om 28.10.2013 before the learned JFM - I, Kochi. It is also submitted that the petitioner is involved in Crime Nos. 327 of 2013 and 1018 of 2013 for similar offences.
3. Learned counsel submits that petitioner is in custody since long and his further detention is not required.
4. Since further detention of the petitioner is not required in this case, I am inclined to grant bail but subject B.A No.7356 of 2013 2 to stringent conditions to prevent recurrence of such incidents in future. Resultantly, this application is allowed as under: Petitioner is granted bail in Crime No.773 of 2013 of the Maradu police station and will be released, if not required to be detained otherwise on his executing bond for Rs.25,000/- (Rupees Twenty five thousand only) with two sureties for the like sum each to the satisfaction of the learned JFM - I, Kochi and subject to the following conditions:- a) The bail bond shall be executed within three weeks from this day. b) One of the sureties shall be a close relatives of the petitioner. c) Petitioner shall report to the SHO, cherthala on every Monday and Saturday between 09:00 a.m. and 12:00 p.m. until otherwise ordered by the learned JFM - 1, Kochi. d) Petitioner shall not leave the local limits of Ernakulam District until otherwise ordered and except with the permission of the learned JFM - 1, Kochi. e) Petitioner shall not get involved in any offence during the period of this bail. B.A No.7356 of 2013 3 f) It is made clear that in case any of the above conditions is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned JFM - 1, Kochi as held in P.K. Shaji V. State of Kerala (AIR2006 Supreme Court 100). Sd/- THOMAS P.JOSEPH, JUDGE //true copy// P.A. to Judge Smv