High Court Kerala High Court

Sankara Pandian @ Durai vs State Of Kerala on 8 October, 2007

Kerala High Court
Sankara Pandian @ Durai vs State Of Kerala on 8 October, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 6085 of 2007()


1. SANKARA PANDIAN @ DURAI,
                      ...  Petitioner

                        Vs



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

2. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.ALEXANDER GEORGE

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :08/10/2007

 O R D E R
                           R.BASANT, J.
                        ----------------------
              B.A.Nos.6085,6096 and 6109 of 2007
                    ----------------------------------------
             Dated this the 8th day of October 2007


                               O R D E R

Applications for regular bail. The petitioners are accused 3

to 7 in a crime registered for offences punishable under Sections

489 B and C of the I.P.C. All of them were arrested on

15/7/2007. They have been continuing in custody from that date.

The crime was registered when the second accused attempted to

pass on certain forged currency notes in a shop in the locality.

The offence was reported. The police went to the house of the

second accused. Her husband, the first accused was arrested.

More of such counterfeit currency notes were seized.

Investigation proceeded. The complicity of Accused 3 to 7 was

revealed in the course of investigation. They had allegedly

supplied the fake currency notes to the first accused. All the

petitioners have been continuing in custody from 15/7/2007.

Accused 3,4,5 and 7 had come to this court and had got

themselves released suppressing an earlier order passed by this

court. The bail granted to them was subsequently cancelled by

B.A.Nos.6085, 6096 & 6109/07 2

this court suo motu on coming to know of the fraudulent

suppression of vital details from this court when bail was

granted. They have later surrendered before the learned

Magistrate and they continue in custody from that date.

2. The learned counsel for the petitioners pray, the

learned Public Prosecutor does not oppose the said prayer on

condition that the investigating officer is granted the full

compliment of 90 days from the date of arrest of the petitioners

to complete the investigation and I am satisfied that regular bail

can be granted to the petitioners subject to appropriate

conditions.

3. In the result, these petitions are allowed. The

petitioners shall be released on bail on the following terms and

conditions:

i) The petitioners shall not be released on bail on the

strength of this order before each of them has spent 90 days of

actual custody subsequent to their arrest on 15/07/2007. The

investigating officer shall, in the meantime, make every

endeavour to complete the investigation. Needless to say that

the period during which some of the petitioners enjoyed liberty

on the basis of the bail order, which was subsequently cancelled

shall be excluded while computing the said period of 90 days.

B.A.Nos.6085, 6096 & 6109/07 3

ii) Each of them shall execute a bond for Rs.1,00,000/-

(Rupees one lakh only) with two solvent sureties each for the like

sum to the satisfaction of the learned Magistrate.

iii) The petitioners shall make themselves available for

interrogation before the investigating officer between 10 a.m

and 12 noon on all Mondays, Wednesdays and Fridays, for a

period of three months and thereafter as and when directed by

the investigating officer in writing to do so.




                                             (R.BASANT, JUDGE)
jsr

            // True Copy//      PA to Judge

B.A.Nos.6085, 6096 & 6109/07    4

       R.BASANT, J.




         CRL.M.CNo.




            ORDER




21ST DAY OF MAY2007