K.C.Hamsa vs Deputy Superintendent Of Police on 24 June, 2009

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Kerala High Court

K.C.Hamsa vs Deputy Superintendent Of Police on 24 June, 2009

Bench: K.T.Sankaran

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2099 of 2009()


1. K.C.HAMSA, S/O. ABDUL RAHIMAN HAJI,
                      ...  Petitioner

                        Vs



1. DEPUTY SUPERINTENDENT OF POLICE,
                       ...       Respondent

2. STATE, REP. BY PUBLIC PROSECUTOR,

                For Petitioner  :SRI.T.G.RAJENDRAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :24/06/2009

 O R D E R
                             K.T.SANKARAN, J.
                ------------------------------------------------------
                         B.A. NO. 2099 OF 2009
                ------------------------------------------------------
                      Dated this the 24th June, 2009


                                  O R D E R

This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in C.P.No.236 of 2008 on the file of the Judicial Magistrate of the First Class, Kasaragode.

2. The offences alleged against the petitioner are under Sections 302 and 201 read with Section 20 of the Juvenile Justice (Care and Protection) Act. The incident was on 15.6.2006. The petitioner was arrested on 1.7.2008. The investigating officer laid charge on 29.9.2008. It is submitted that further investigation was allowed on the application made by the investigating officer under Section 173(8) of the Code of Criminal Procedure.

3. The petitioner filed B.A.No.1004 of 2009 before this Court, which was dismissed on 5.3.2009 on the ground that Narco Analysis Test of the petitioner was to be made in April, 2009. The Narco Analysis Test was not conducted in April, 2009. Learned counsel for the petitioner submitted that he is prepared to undergo Narco Analysis Test on any date as fixed by the investigating agency. Learned counsel for the petitioner B.A. NO. 2099 OF 2009 :: 2 ::

also submitted that the petitioner is prepared to abide by any conditions imposed by this Court for granting bail.

4. The petitioner is in judicial custody since 1.7.2008. Charge was laid on 29.9.2008. The petitioner was prepared to co-operate with the investigation and to undergo the Narco Analysis Test. Even now the petitioner is prepared to undergo the said test on any day as suggested by the investigating officer.

5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner and the readiness of the petitioner to co-operate with the investigation in any manner as the investigating officer suggests, I am inclined to grant bail to the petitioner on stringent conditions.

5. The petitioner shall be released on bail on his executing bond for Rupees One lakh with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kasaragode, subject to the following conditions:

a) The petitioner shall report before the Deputy Superintendent of Police, CBCID, Kannur between 9 A.M. and 11 A.M. on every Monday, Wednesday and Saturday, until further orders;

B.A. NO. 2099 OF 2009 :: 3 ::

b) The petitioner shall co-operate with the investigating officer in the matter of investigation of the case including for undergoing Narco Analysis Test;

c) The petitioner shall appear before the investigating officer for interrogation as and when required;

d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence;

e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail;

f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.

The Bail Application is allowed as above.

(K.T.SANKARAN) Judge ahz/

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