IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4902 of 2007()
1. JAYAN, S/O. GOPALAN ACHARY, AGED 28,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.A.C.DEVY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :16/08/2007
O R D E R
R. BASANT, J
--------------------------------------------
B.A. NO. 4902 of 2007
--------------------------------------------
Dated this the 16th day of August, 2007
ORDER
Application for regular bail. The petitioner is the 3rd
accused. He faces allegations under Sec.392 read with Sec.34
of the IPC. It is alleged now that he was involved in an
incident of chain snatching which took place on 11/2/07. The
victim had not made a prompt complaint. Long later, the
petitioner was arrested in another crime at another Police
Station on 14/5/07. Interrogation of the petitioner allegedly
revealed his complicity in the crime which took place on
11/2/07 which had not been reported to the police at all.
Accordingly, the present crime has been registered. The
petitioner has been shown as arrested in the crime on 26/5/07.
He thus continues in custody from 14/5/07.
2. The learned counsel for the petitioner submits that
the petitioner is absolutely innocent. Except the alleged
confession statement of the petitioner, there is absolutely
B.A. NO. 4902 of 2007
nothing to point to the alleged complicity of the petitioner. The
learned counsel for the petitioner submits that, after arresting
the petitioner in some other case, an attempt is made to place
blame for all undetected crimes in the locality on the shoulders
of the petitioner. No recovery whatsoever has been effected to
point to the complicity of the petitioner in the alleged crime. In
these circumstances and in any view of the matter, the petitioner
who has remained in custody from 14.5.07/26.5.07 may now be
directed to be enlarged on bail, prays the learned counsel for the
petitioner.
3. The learned Public Prosecutor opposes the application;
but, in response to a specific query, concedes that no recovery
has been effected in this case which can help the court to
establish the nexus between the incidents which took place on
11/2/07 and the petitioner. No crime has been initially
registered. I am, in these circumstances, satisfied that the
petitioner, who has remained in custody from 26/5/07, can now
be directed to be released on bail subject, of course, to
appropriate conditions.
4. In the result:
(a) The application is allowed.
(b) The petitioner shall be released on bail on the following
B.A. NO. 4902 of 2007
terms and conditions:
(i) 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 the satisfaction of the learned Magistrate.
(ii) The petitioner shall make himself available for
interrogation before the Investigating Officer on all Mondays and
Fridays between 10 a.m. and 12 noon for a period of three
months from the date of his release and thereafter as and when
directed by the Investigating Officer in writing to do so.
(iii) The petitioner shall not leave the Sessions Division of
Alappuzha until further orders without prior permission of the
learned Magistrate.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge