Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN MONDAY, THE24H DAY OF FEBRUARY20145TH PHALGUNA, 1935 Bail Appl..No. 878 of 2014 (D) ------------------------------ CRIME NO. 55/2012 OF GURUVAYOOR POLICE STATION , TRISSUR ACCUSED(S)/PETITIONER: ------------------------------------------ KANNAN AGED38YEARS S/O.S.MUNISAMY, 6-D/2ND STREET, NGO COLONY MELANAGARAM VILLAGE, THENKASHI TALUK, THIRUNALVELI TAMILNADU. BY ADV. SRI.K.V.ANIL KUMAR COMPLAINANT(S)/RESPONDENT: ---------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2402-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JJJ N.K. BALAKRISHNAN, J.
------------------------------------------ B.A. No. 878 of 2014 (D) ------------------------------------------ Dated this the 24th day of February, 2014 ORDER
The petitioner is the 3rd accused in Crime No.55/2012 of Guruvayoor Police Station, Thrissur District. Offences alleged are under sections 376, 379, 411 and 201 r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. The petitioner is working as Manager with a financier. The allegation is that he received the stolen articles. It is stated by the complainant that 35 sovereign of gold ornaments were committed theft of by the accused persons. It was stated that those gold ornaments were pledged with the petitioner/3rd accused, who was working as the Manager.
3. The learned counsel for the petitioner submits that the petitioner received those gold ornaments bonafide B.A. No. 878/2014 (D) -2- believing that they are not stolen articles. It is also stated that the gold ornaments received from the accused were handed over to the Police.
4. Since the petitioner sticks on to that version and considering all the aspects the following directions are issued: The petitioner shall surrender before the Investigating Officer within ten days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will, considering the nature of the case, grant bail to the petitioner but on the following conditions: a. The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax B.A. No. 878/2014 (D) -3- receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. b. The petitioner shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders. c. The petitioner shall surrender his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. d. The petitioner will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any B.A. No. 878/2014 (D) -4- inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. e. The petitioner shall not leave India without the prior permission of the learned Magistrate. f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. Sd/- N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj