Kerala High Court
Remil vs State Of Kerala on 18 September, 2012
Author: P.Bhavadasan
Bench: P.Bhavadasan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
TUESDAY, THE 18TH DAY OF SEPTEMBER 2012/27TH BHADRA 1934
Bail Appl..No. 6821 of 2012 ()
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CRIME NO.598/2012 OF KANNUR TOWN POLICE STATION, KANNUR DISTRICT
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PETITIONER/ACCUSED NO NOT KNOWN:
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REMIL,S/O PREMANANDAN,AGED 26 YEARS,
KINANDUKKARA HOUSE, PARAKKADAVU,
ANCHAMPEEDIKA, KANNUR DISTRICT.
BY ADVS.SRI.I.V.PRAMOD
SRI.S.U.NAZAR
RESPONDENT/COMPLAINANT/STATE:
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STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 18-09-2012, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
sts
P.BHAVADASAN, J.
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B.A. No.6821 of 2012
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Dated this the 18th day of September, 2012
O R D E R
Petitioner is the 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. Petitioner has been in custody from 28.8.2012 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 petitioner that an amount much more than what is required has already been deposited and therefore the petitioner 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 done by this court while dealing with the earlier bail applications. 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 accepted with. Having given an anxious consideration to the B.A.No.6821/2012 2 pleas raised by the petitioners, this application is allowed and the petitioner is released on bail on the following conditions:
i) The petitioner 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 himself available for interrogation by the Investigating Officer and that he 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 his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.
iv) The accused will also file 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 that he shall not directly or indirectly make any inducement, threat or B.A.No.6821/2012 3 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 electoral photo identity cards/Driving licence etc.
vii) The petitioner 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.
okb.