Kerala High Court
Rigesh. A vs Sub Inspector Of Police on 10 September, 2012
Author: P.Bhavadasan
Bench: P.Bhavadasan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
MONDAY, THE 10TH DAY OF SEPTEMBER 2012/19TH BHADRA 1934
Bail Appl..No. 6432 of 2012 ()
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(CRIME NO.598/2012 OF KANNUR TOWN POLICE STATION, KANNUR)
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PETITIONER/ACCUSED(S):
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1. RIGESH. A, AGED 26 YEARS,
S/O.PREMARAJAN, AARAMMBHAN HOUSE,
VETTIALAPPALLY VAYAL, THAYYIL, KANNUR.
2. SHAHARAZ, AGED 30 YEARS,
S/O.KHALID VILLA, KANNUR CITY.
3. SHAHID, AGED 32 YEARS,
S/O.MUSTHAFA, C.P HOUSE, NEAR MANIKKAVU, THANA, KANNUR.
BY ADV. SRI.P.V.KUNHIKRISHNAN
RESPONDENTS/COMPLAINANT(S): & STATE:
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1. SUB INSPECTOR OF POLICE,
KANNUR TOWN POLICE STATION, KANNUR - 671 004.
2. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682 031.
R1 & R2 BY PUBLIC PROSECUTOR SRI. P.K.ABDUL REHMAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 10-09-2012, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Kss
P. BHAVADASAN, J.
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B.A. No. 6432 of 2012
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Dated this the 10th day of September, 2012.
ORDER
Petitioners are accused in Crime No. 598 of 2012 of Kannur Town Police Station for having committed offences punishable under Sections 143, 147, 341, 427, 452, 353, 332 and 333 I.P.C. and Section 3(1)2(a) of P.D.D.P. Act. First petitioner has been in custody from 4.8.2012, second petitioner from 9.8.2012 and third petitioner from 16.8.2012 onwards. It is pointed out that investigation is almost complete and continued custody of the petitioner is not necessary. It is also pointed out on behalf of the petitioners that an amount much more than what is required has already been deposited and therefore the petitioners may be relieved of the burden of depositing any amount as is usually ordered while granting bail in such cases.
2. This court is relieved of the burden of stating the facts and details of the case since that has already been B.A.6432/12. 2 done by this court while dealing with the earlier bail application. Suffice is to say, the investigation must have been completed and only routine matters remains to be done. The request for relieving them of depositing the amount as is usually directed cannot be dispensed with. Having given an anxious consideration to the pleas raised by the petitioners, this application is allowed and the petitioners are released on bail on the following conditions:
i) Each of the petitioners shall execute a bond for a sum of 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 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.
ii) The accused shall make themselves available for interrogation by the Investigating Officer and that B.A.6432/12. 3 they should appear before the Investigating Officer on all Mondays and Fridays between 9.30 a.m. to 11.30 a.m. until further orders.
iii) The accused shall produce their original passports before the learned Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate.
iv) The accused will also file affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and that they shall not directly or indirectly make any 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.
v) The accused shall not leave the State of Kerala without permission of the court.
vi) The learned Magistrate will also ensure the identity of the sureties by insisting production of B.A.6432/12. 4 electoral photo identity cards/Driving licence etc.
vii) Each of the petitioners will deposit a sum of Rs.5,000/- (Rupees Five Thousand only) within one week from the date of his release on bail. (See the decision in Hemanth Kumar v. S.I. of Police (ILR 2011 (4) Ker. 261).
P. BHAVADASAN, JUDGE sb.