High Court Kerala High Court

Jagadish vs State Of Kerala on 23 October, 2008

Kerala High Court
Jagadish vs State Of Kerala on 23 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6471 of 2008()


1. JAGADISH, AGED 26 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.P.A.MUJEEB

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :23/10/2008

 O R D E R
                                 K. HEMA, J.
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                         B.A. No. 6471 of 2008
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           Dated this the 23rd day of October,2008

                                   O R D E R

Petition for bail.

2. The alleged offences are under section 379 read with

section 34 IPC. According to prosecution, petitioner (A2) along

with 1st accused committed theft of a fishing boat, which was kept

at the fishing harbour. Petitioner was arrested on 27-8-2008 and

he is in custody since then.

3. Learned Public Prosecutor submitted that petitioner is

not a native of Kerala. He hails from Tamil Nadu and it is likely

that he will abscond. Therefore, bail may not be granted. It is

also submitted that charge-sheet has been laid.

4. On hearing both sides, I am satisfied that petitioner is

not required for investigation. At the same time, it is likely that

petitioner may not be available, if he is granted bail. But, there is

no reason to refuse bail. Conditions can be imposed to ensure

that he will be available for trial. Hence, bail is granted to the

petitioner on the following terms and conditions:-

1) Petitioner shall be released on bail on his

executing a bond for Rs.25,000/- with two

solvent sureties each for the like amount

to the satisfaction of the learned

BA 6471/08 -2-

Magistrate. The sureties shall be local

sureties and the learned Magistrate shall

explain the consequences of breach of

condition to the sureties personally.

2) Petitioner shall report before the

Investigating Officer on every alternate

day between 5 p.m. and 8 p.m. until

further orders.

3) Petitioner shall not leave the limits of the

police station within which the crime is

registered until the trial is over, except

with the prior permission of the learned

Magistrate.

4) Petitioner shall not commit any offence

while on bail and in case breach of this

condition, bail is liable to be cancelled.

This petition is allowed.

K.HEMA, JUDGE.

mn.