Kerala High Court
Renganadhan Aged 55 Years vs State Of Kerala on 28 February, 2014
Author: Thomas P.Joseph
Bench: Thomas P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
FRIDAY, THE 28TH DAY OF FEBRUARY 2014/9TH PHALGUNA, 1935
Bail Appl..No. 1347 of 2014 ()
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CRIME NO. 1094/2013 OF KOLLAM EAST POLICE STATION , KOLLAM
PETITIONER/5TH ACCUSED:
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RENGANADHAN AGED 55 YEARS
S/O. VENKITACHALAM, RESIDING AT DOOR NO. 1/171
MANIYATHAHALI, DHARMAPURI, TAMILNADU STATE.
BY ADVS.SRI.AJEESH S.BRITE
SRI.M.KANNAN
RESPONDENT/COMPLAINANT:
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STATE OF KERALA
THROUGH THE STATION HOUSE OFFICER
KOLLAM EAST POLICE STATION
REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA
ERNAKULAM.
BY PUBLIC PROSECUTOR: ADV LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28-02-2014,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
THOMAS P.JOSEPH, J.
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B.A.No.1347 of 2014
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Dated this the 28th day of February, 2014
O R D E R
Petitioner is the 5th accused in Crime No.1094 of 2013 of the Kollam East Police Station for the offences punishable under Secs.489A, B, C and D r/w Sec.34 of the Indian Penal Code, is in custody from 03.12.2013 and seeks bail.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 29.05.2013 at about 6p.m, accused Nos.1 and 2 were found in possession of 986 numbers of counterfeit currency notes of 100 and 500 rupee denomination and the investigation revealed that the petitioner gave the counterfeit currency notes to some of the accused. He belongs to Tamil Nadu and possibility of absconding cannot be ruled out.
3. Learned counsel has offered to furnish atleast one surety belong to and having landed property from the State of Kerala. It is submitted that son of the petitioner is studying in an engineering college at Kollam and question of the petitioner absconding does not arise.
4. Having heard both sides and having regard to all relevant circumstances, I am inclined to think that further custody B.A.No.1347 of 2014 2 of the petitioner is not required. Hence I am inclined to grant bail imposing conditions to prevent recurrence of such incidents in future and to ensure presence of the petitioner for further investigation/trial, accepting the offer made by the learned counsel.
Resultantly this application is allowed as under:
(i) Petitioner is granted bail in Crime No.1094 of 2013 of the Kollam East Police Station and shall be released, if not required to be detained otherwise on his executing bond for `35,000/- (Rupees Thirty Five Thousand Only) with two sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions:
(a) One of the sureties shall belong to and have landed property from the State of Kerala as offered by the learned counsel.
(b) The sureties as well as the petitioner shall produce, while executing the bail bond attested photocopy of their identity cards before the learned magistrate.
(c) Petitioner shall report to the Officer investigating Crime No.1094 of 2013 of the Kollam East Police Station on every Saturday between 10 a.m and 12 p.m until otherwise ordered by the learned magistrate (until committal if any, and thereafter before the learned Principal Sessions Judge concerned).
B.A.No.1347 of 2014 3
(d) Petitioner shall report to the Investigating Officer as and when directed for interrogation
(e) Petitioner shall not until otherwise ordered by and except with the permission of the learned magistrate/Principal Sessions Judge go beyond the State of Kerala.
(f) Petitioner shall furnish before the learned magistrate while executing the bail bond with a copy to the investigating officer, his place of stay in the State of Kerala. Such place of stay shall not be shifted except with the permission of the learned magistrate until committal and with notice to the investigating officer.
(g) Petitioner shall not, during the period of this bail get involved in any offence.
(h) Petitioner shall not intimidate or influence the witnesses.
(i) In case of violation of any of condition Nos.(b) to (e), (g) and (h), bail granted hereby is liable to be cancelled by moving application before the learned magistrate/Principal Sessions Judge as aforesaid as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P.JOSEPH, JUDGE.
Sbna True Copy P A to Judge