Kerala High Court
Sibi Jomon George vs State Of Kerala on 5 October, 2018
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY ,THE 05TH DAY OF OCTOBER 2018 / 13TH ASWINA, 1940
Bail Appl..No. 6667 of 2018
CRIME NO. 668/2018 OF BINANIPURAM POLICE STATION, ERNAKULAM
PETITIONER/S:
SIBI JOMON GEORGE,
AGED 27 YEARS,
S/O SADA JOSE, PULIKKAPALLATHU HOUSE,
THANDIRIKKAL COLONY, MUPPATHADOM,
KADUNGALLUR, ERNAKULAM DISTRICT
BY ADV. SRI.MANSOOR.B.H.
RESPONDENT/S:
STATE OF KERALA,
REP BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031
THROUGH STATION HOUSE OFFICER,
BINANIPURAM POLICE STATION,
ERNAKULAM DISTRICT
OTHER PRESENT:
BY PUBLIC PROSECUTOR SRI. AMJAD ALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.10.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
This application is filed under Section 439 of the Cr.P.C.
2. The applicant herein is the 2 nd accused in Crime No.668 of 2018 registered at the Binanipuram Police Station under Section 379 r/w Section 34 of the IPC.
Bail Appl..No. 6667 of 2018 2
3. On 2.9.2018 at 6.15 pm, the applicant herein along with accused Nos.1, 3 and 4 are alleged to have committed theft of metal halide lamp and LED lights owned by CMRL Company, Edayar.
4. The learned counsel appearing for the applicant submitted that the applicant is innocent of all allegations. According to the learned counsel, the applicant was implicated based on the confessional statement given by the co-accused.
5. The learned Public Prosecutor has opposed the prayer. It is pointed out that the applicant is involved in two other crimes; one registered in the year 2009 inter alia under Section 324 of the IPC and the other registered in the year 2016 under Section 354 of the IPC. It is further submitted that the accused Nos. 3 and 4 have already been enlarged on bail.
6. I have considered the submissions advanced. The antecedents of the accused is a valid consideration at the time of considering the application for bail. However, the accusations against the applicant stand in the realm of allegations as he has not been convicted by a court of law till date. It is evident from the case diary that the investigation has reached the final stages. In that view of the matter, I see no reason to keep the applicant in custody for a further period. However, it is made clear that if the applicant Bail Appl..No. 6667 of 2018 3 indulges in the commission of any further offences, that will be a circumstance to cancel the bail granted to him.
In the result, this application will stand allowed. The applicant shall be released on bail on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. The above order shall be subject to the following conditions:
1). The applicant shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for a period of three months or till final report is filed, whichever is earlier.
2). The applicant shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
3). He shall not commit any offence while he is on bail.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
SD/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
IAP //TRUE COPY// P.A. TO JUDGE