IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 719 of 2007()
1. JIBU @ JAYARAJ, S/O.BALAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.S.SREEKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :19/02/2007
O R D E R
V. RAMKUMAR, J.
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B.A. No. 719 OF 2007
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Dated this the 19th day of February, 2007
O R D E R
In this Petition filed under Sec. 439 Cr.P.C. the petitioner,
who is the 2nd accused in Crime No.302/2006 of Narakkal Police Station
for offences punishable under Secs.323, 326 and 308 read with section
34 I.P.C., seeks his enlargement on bail. The occurrence took place on
22.7.2006 at 10.30. a.m. on the public road near a temple. Petitioner
was arrested on 15.12.2006 in connection with Crime No.307/06 of the
very same police station. His former arrest in this case was also
recorded on the same day.
2. Eventhough the Public Prosecutor opposed the application
submitting, inter alia, that the petitioner is involving in other crimes
including a murder case, he fairly conceded that the final report has not
been laid so far in spite of 60 days of judicial custody of the petitioner. If
so, by virtue of the proviso to sec.167(2) Cr.P.C. the petitioner is entitled
to be released on bail as of right.
3. Accordingly, the petitioner is directed to be released on bail
on his executing a bond for Rs. 20,000/- (Rupees twenty thousand only)
with two solvent sureties each for the like amount to the satisfaction of
BA.719/07
: 2 :
the J.F.C.M.-I, Kochi and subject to the following conditions:
a. Petitioner shall report before the
Investigating Officer between 9 a.m. and 11
a.m. on all Wednesdays.
b. Petitioner shall not influence or intimidate
the prosecution witnesses nor shall he
attempt to tamper with the evidence for the
prosecution.
c. The petitioner shall make himself
available for interrogation as and when
required by the investigating officer.
d. Petitioner shall not commit any
offence while on bail.
If the petitioner commits breach of any of the above conditions,
the bail granted to him shall be liable to be cancelled.
This application is allowed as above.
(V. RAMKUMAR, JUDGE)
aks