Kerala High Court
Syamsree vs State Of Kerala on 25 March, 2015
Author: B.Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
WEDNESDAY, THE 25TH DAY OF MARCH 2015/4TH CHAITHRA, 1937
Bail Appl..No. 1456 of 2015
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CRIME NO. 1996/2014 OF KORATY POLICE STATION , TRISSUR
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PETITIONER(S)/1ST ACCUSED:-:
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SYAMSREE, AGED 24 YEARS
S/O.SOMAN, KANDULLILPARAMBIL HOUSE
CHERIYAPALLAMTHURUTH, NORTH PARAVUR.
BY ADV. SRI.T.N.SURESH
RESPONDENT(S)/COMPLAINANT:-:
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STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-03-2015,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
B.KEMAL PASHA, J.
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B.A. No.1456 of 2015
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Dated this the 25th day of March, 2015
O R D E R
Petition filed under Section 439 Cr.P.C.
2. Petitioner is the first accused in Crime No.1996/2014 of the Koratty Police Station, Thrissur registered for the offences punishable under Sections 379 and 411 read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioner is that he along with the 2nd accused, had snatched away gold chain weighing three sovereigns from the neck of a woman who was walking through Koratty Sanjo Nagar. The petitioner has been in custody for the period from 08.01.2015 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
B.A.No.1456 of 2015 -: 2 :-
5. Even though the petitioner has been in custody for the period from 08.01.2015 onwards, investigation of this case is not over and final report has not been filed in the matter. Matters being so, the petitioner is entitled to compulsive bail under Section 167(2) Cr.P.C.
6. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Wednesdays and Saturdays for a period of six months from the date of his actual release.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required B.A.No.1456 of 2015 -: 3 :- by the Investigating Officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/- B.KEMAL PASHA, JUDGE ul/-
[True copy] P.S. to Judge