IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 3826 of 2007()
1. KANAKAN @ REJI, AGED 32 YEARS, RESIDING
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.P.GOPAKUMARAN NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :26/06/2007
O R D E R
R. BASANT, J.
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B.A.No. 3826 of 2007
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Dated this the 26th day of June, 2007
O R D E R
Application for regular bail. The petitioner faces allegations
under Section 379 I.P.C. On 5.4.2007 theft of a car took place. Four
accused persons, including the petitioner, were intercepted with the
vehicle on 6.4.2007 within the jurisdiction of a different police
station. Investigation is now complete. Final report has already
been filed. Cognizance has been taken. All the co-accused have been
released on bail. But the petitioner’s application for regular bail has
been dismissed. The petitioner continues in custody from 6.4.2007.
2. The learned counsel for the petitioner submits that there is
absolutely no justification in insisting that the petitioner alone
should remain in custody. The fact that the co-accused have not
complied with the conditions or that the petitioner is involved in
another crime are by themselves not sufficient reasons to deny bail to
the petitioner. In these circumstances the learned counsel prays that
subject to appropriate terms and conditions bail may be granted to the
petitioner.
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3. The learned Prosecutor does not oppose the application, but insists
that appropriate conditions may be imposed, considering the nature and
circumstances of the case.
4. I am satisfied that the petitioner can now be enlarged on bail
subject to appropriate terms and conditions.
5. In the result:
1) This application is allowed.
2) The petitioners shall be released on bail on the following terms
and conditions.
(a) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees
one lakh only) with two solvent sureties each for the like sum to be
satisfaction of the learned Magistrate.
(b) The petitioner shall report before the Investigating Officer
between 10 a.m. and 12 noon on the first Monday of all English Calender
months until the case against him is disposed of.
) The petitioner shall furnish the address of the place of his
residence to the Investigating Officer within seven days from the date of his
B.A.No. 3826 of 2007
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release and shall continue to keep the officer informed of such change in
address, if any.
(R. BASANT)
Judge
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