Kerala High Court
Ajayan @ Ajayakumar M.V vs State Of Kerala on 4 June, 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
WEDNESDAY, THE 4TH DAY OF JUNE 2014/14TH JYAISHTA, 1936
Bail Appl..No. 3851 of 2014
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CRIME NO. 53/2000 OF CHERPPU POLICE STATION , THRISSUR
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PETITIONER/3RD ACCUSED:
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AJAYAN @ AJAYAKUMAR M.V.,AGED 46 YEARS,
S/O. VELAYUDHAN, MOOCHIKKAL HOUSE, CHERAMANGALAM POST,
MELARCODE VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT.
BY ADVS.SRI.P.K.SAJEEV
SRI.P.P.HARRIS
RESPONDENT/COMPLAINANT:
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STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 04-06-2014, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Kss
THOMAS P. JOSEPH, J
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B.A.No.3851 of 2014
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Dated this the 4th day of June, 2014
ORDER
Petitioner is the third accused in Crime No.53 of 2000 of the Cherppu Police Station for the offences punishable under Sections 489 (A) to (D), 120(b) r/w Section 34 of the Indian Penal Code, is in custody from 25.04.2014 and seeks bail.
2. Learned Public Prosecutor has opposed the application. It is submitted that the petitioner and others were found engaged in counterfeiting of currency notes in a rented building at Chalakkudy. Petitioner is also an accused in S.C.No.1076 of 2010 pending in the Fast Track Court-I, Thrissur for the offences under Sections 489 (B) and (C). The further submission is that the petitioner was absconding until he was arrested on 25.04.2014.
3. Learned counsel submits that the learned Sessions Judge also was under the impression that the petitioner was earlier granted bail but he jumped the bail. It is submitted that the petitioner was/is regularly attending the Fast Track Court-I, Thrissur in S.C.No.1076 of 2010. It is also submitted that the other accused involved in Crime No.53 of 2000 are acquitted B.A.No.3851 of 2014 2 by this Court as per Annexure-A2 judgment.
4. It is not shown that the petitioner was absconding in S.C.No.1076 of 2010. It is not disputed that the petitioner is on bail in S.C.No.1076 of 2010 also. In these circumstances, I am inclined to grant relief to the petitioner but subject to stringent conditions to ensure his presence for trial.
Application is allowed as under:
(i) Petitioner is granted bail in Crime No.53 of 2000 of the Cherppu Police Station and shall be released, if not required to be detained otherwise on his executing bond for Rs.30,000/- (Rupees thirty thousand only) with three sureties for the like sum each to the satisfaction of the learned JFM-I, Thrissur and subject to the following conditions:
a) Whether or not he/she has landed property, one of the sureties shall be the father/brother/mother/close relative of the petitioner.
(b) Petitioner shall report to the S.H.O., Alathur Police Station on every Saturday between 03.00 p.m and 05.00 p.m (except the days where he is required to attend any Court) until otherwise ordered by the learned JFM-I, Thrissur until committal of the case if any, and thereafter by the learned Sessions Judge trying the case.
B.A.No.3851 of 2014 3
(c) Petitioner shall not go beyond the State of Kerala except with the permission of the learned magistrate/Sessions Judge as aforesaid.
(d) Petitioner shall report to the officer investigating the case if and when required for interrogation.
(e) Petitioner shall not, during the period of this bail get involved in any offence.
(f) Petitioner shall not intimidate or influence the witnesses.
(ii) It is made clear that in case any of condition Nos.
(b) to (f) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate/Sessions Judge as aforesaid, as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/
P.A. to Judge