IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6989 of 2006()
1. BABU VARGHESE, AGED 56,
... Petitioner
Vs
1. STATE, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.B.RAMAN PILLAI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :11/12/2006
O R D E R
V. RAMKUMAR, J.
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Bail Application Nos. 6989/06 & 7239/06
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Dated, this the 11th day of December 2006
ORDER
Petitioners who are accused Nos. 11 and 8 respectively in
Crime No. 47/06 of CBCID, Kozhikode (originally registered as Crime
No. 55/06 of Thamarassery Police Station) for offences punishable
under Secs. 143, 147, 148, 341, 363, 307 and 302 read with Sec.
149 I.P.C., seek bail. The occurrence took place on 11-2-2006 and
ever since then they have been in judicial custody. Petitioners were
arrested on 24-4-2006. In the case of A11, there was a gap of two
weeks during which A11 was enlarged on bail until it was cancelled.
The occurrence took place on 11-2-2006.
2. Even though Sri. P.G. Thambi, the learned Director
General of Prosecutions, opposed these applications, I do not think
that the continued detention of the petitioners is called for. The
petitioners have been in judicial custody for an unreasonably long
period. If, ultimately, they are found guilty, they definitely deserve
condign punishment for their alleged involvement. Now the only
question relevant is whether both the petitioners will be available for
trial and whether while on bail they will influence or intimidate the
B.A. Nos.6989/06 & 7239/06
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prosecution witnesses. Those apprehensions of the prosecution can
be taken care of by imposing appropriate conditions. Accordingly,
the petitioners are directed to be released on bail on each of them
executing a bond for Rs. 25,000/- (Rupees twenty five thousand only)
with two solvent sureties each for the like amount to the satisfaction of
the Addl. Sessions Court (Special Court for N.D.P.S. Cases,
Vadakara), and subject to the following conditions:
i) The petitioners shall not influence or intimidate the prosecution
witnesses nor shall they attempt to tamper with the evidence for the
prosecution.
ii) The petitioners shall not commit any offence while on bail.
iii) The petitioners shall appear before the trial court on all the postings
of the case without fail.
iv) The petitioners shall leave the territory of the State of Kerala without
the previous written permission of the trial court.
If the petitioners commit breach of any of the above conditions,
the bail granted to them shall liable to be cancelled.
These applications are accordingly allowed.
Sd/-
V. RAMKUMAR,
(JUDGE)
ani.
B.A. Nos.6989/06 & 7239/06
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