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.