IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7276 of 2007()
1. NARAYANADAS, S/O DIVAKARA MENON,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.PEEYUS A.KOTTAM
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :05/12/2007
O R D E R
R. BASANT, J.
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B.A. NOs. 7276 & 7384 of 2007
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Dated this the 5th day of December, 2007
ORDER
The common petitioner faces indictment in two separate
crimes – both registered under Sec.379 of the IPC. The
allegations relate to theft of motor-cycles. Both crimes were
registered in 2001. Final reports were filed and cognizance
was taken in both cases in 2004. The petitioner was enlarged
on bail. But as the petitioner did not appear before the
learned Magistrate later, the trial against him could not be
continued. Long later, the petitioner surrendered before the
learned Magistrate on 18/9/07. He continues in custody from
that date.
2. The petitioner had earlier come before this Court
claiming regular bail. This Court, by a common order dated
3/10/07 in B.A.Nos.5840 & 5843/07, rejected the said
applications after calling for a report from the learned
Magistrate. The learned Magistrate undertook that the cases
B.A. NOs. 7276 &
7384 of 2007 -: 2 :-
shall be disposed of by 3/12/07. Accepting that submission, the
earlier bail applications were dismissed. The petitioner was
given the option to come before this Court for bail again if the
cases are not disposed of by 15/12/2007.
3. The trial continued; but it was not completed. The
matter stands posted for procuring the presence of the
witnesses to 10/1/08. In these circumstances, the petitioner
has come before this Court with a renewed prayer that he may
be enlarged on bail in these cases.
4. Notice was given to the learned Public Prosecutor. The
learned Public Prosecutor continues to oppose the application on
the ground that the antecedents of the petitioner and his past
conduct, after release on bail in these cases, disentitle him to
claim the discretion under Sec.439 of the Cr.P.C. It is prayed
that these petitions may be dismissed and the learned Magistrate
may be directed to complete the trial expeditiously.
5. The learned counsel for the petitioner, on the contrary,
submits that the four other cases against the petitioner – two of
them have already ended in acquittal and the other two, the
petitioner has been enlarged on bail. The learned counsel for
B.A. NOs. 7276 &
7384 of 2007 -: 3 :-
the petitioner submits that the absence of the petitioner was on
account of reasons beyond his control. He wants the court to
take note of the fact that the petitioner had voluntarily
surrendered before the learned Magistrate on 18/12/07. In
these circumstances, the discretion under Sec.439 of the Cr.P.C.
may be exercised in favour of the petitioner subject to any
appropriate conditions that shall ensure the presence of the
petitioner promptly for the continued trial.
6. Having considered all the relevant circumstances, I am
satisfied that it will not be just or proper to insist on continued
detention of the petitioner in custody for completion of trial in
these two cases. Subject to appropriate conditions which shall]
zealously ensure that the petitioner is available to continue the
trial, the petitioner can now be enlarged on bail, I am satisfied.
7. In the result:
(a) These applications are allowed.
(b) The petitioner shall be released on bail on the following
terms and conditions:
(i) The petitioner shall, in each case, execute a bond for
Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties
B.A. NOs. 7276 &
7384 of 2007 -: 4 :-
each for the like sum to the satisfaction of the learned
Magistrate. In the peculiar facts and circumstances of this case,
the learned Magistrate must zealously ensure that the sureties
offered are sufficient and solvent.
(ii) The petitioner shall report before the S.H.O. of the
Kothamangalam Police Station between 5 p.m. and 6 p.m. on all
Sundays until the case against is finally disposed of.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge