Kerala High Court
Manjula Alex vs State Of Kerala on 9 February, 2012
Author: M.Sasidharan Nambiar
Bench: M.Sasidharan Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE M.SASIDHARAN NAMBIAR
THURSDAY, THE 9TH DAY OF FEBRUARY 2012/20TH MAGHA 1933
BA.No. 167 of 2012 ()
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(CRIME NO.133/2011 OF KOIPURAM POLICE STATION, PATHANAMTHITTA)
PETITIONER/ACCUSED NO.2:
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MANJULA ALEX
AGED 34 YEARS, S/O. ALEXANDER
KIZHAKKEPARAMBIL VEEDU, PADARATHIL PADI MURI
NEDUBRAM VILLAGE, THIRUVALLA, PATHANAMATHITTA.
BY ADV. SRI.AJITH MURALI
RESPONDENT/COMPLAINANT(S)/COMPLAINANT:
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1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR K K RAJEEV
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09-02-
2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.SASIDHARAN NAMBIAR, J
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B.A.No.167 of 2012
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Dated 9th February, 2012
ORDER
Petitioner is the fourth accused in Crime No. 133 of 2011 of Koipuram Police Station registered for the offences under Section 143, 147, 148, 120B, 452, 326 and 308 read with 149 of IPC. Petitioner was arrested on 6.12.2011 and has been in custody since then.
2. Though petitioner earlier sought bail, by Annexure B order dated 23.12.2011, it was dismissed holding that investigation is at the initial stage and if petitioner is released, it would adversely affect the investigation.
3. As petitioner has been in custody since 6.12.2011, I do not find that further detention of the petitioner is necessary for the investigation. If presence of the petitioner could be assured and his non-interference in the investigation is ensured and his fleeing from justice is ba 167/12 2 prevented, there is no need to further detain him.
4. Release the petitioner on bail on executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of Judicial First Class Magistrate-I, Pathanamthitta on the following conditions.
i) Petitioner shall report before the Investigating Officer on every Wednesday between 10 and 12 am for two months and thereafter as and when required.
ii)Petitioner shall not induce, threaten or intimidate any person from disclosing facts known to him to the Investigating Officer or to the court.
iii)Petitioner shall surrender his passport, if any, before the learned Magistrate and if he has no passport, he shall file an affidavit to that effect before the learned Magistrate.
In view of the contention that petitioner is a member of a quotation gang, petitioner shall not enter within the jurisdiction of Koipuram Police Station, except for complying ba 167/12 3 with the direction given earlier without the permission of learned Magistrate.
M.SASIDHARAN NAMBIAR, JUDGE lgk