High Court Kerala High Court

Kanakan @ Reji vs State Of Kerala on 26 June, 2007

Kerala High Court
Kanakan @ Reji vs State Of Kerala on 26 June, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 3826 of 2007()


1. KANAKAN @ REJI, AGED 32 YEARS, RESIDING
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.P.GOPAKUMARAN NAIR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :26/06/2007

 O R D E R
                                  R. BASANT, J.

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                            B.A.No.  3826 of   2007

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                    Dated this the 26th  day of   June, 2007


                                      O R D E R

Application for regular bail. The petitioner faces allegations

under Section 379 I.P.C. On 5.4.2007 theft of a car took place. Four

accused persons, including the petitioner, were intercepted with the

vehicle on 6.4.2007 within the jurisdiction of a different police

station. Investigation is now complete. Final report has already

been filed. Cognizance has been taken. All the co-accused have been

released on bail. But the petitioner’s application for regular bail has

been dismissed. The petitioner continues in custody from 6.4.2007.

2. The learned counsel for the petitioner submits that there is

absolutely no justification in insisting that the petitioner alone

should remain in custody. The fact that the co-accused have not

complied with the conditions or that the petitioner is involved in

another crime are by themselves not sufficient reasons to deny bail to

the petitioner. In these circumstances the learned counsel prays that

subject to appropriate terms and conditions bail may be granted to the

petitioner.

B.A.No. 3826 of 2007

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3. The learned Prosecutor does not oppose the application, but insists

that appropriate conditions may be imposed, considering the nature and

circumstances of the case.

4. I am satisfied that the petitioner can now be enlarged on bail

subject to appropriate terms and conditions.

5. In the result:

1) This application is allowed.

2) The petitioners shall be released on bail on the following terms

and conditions.

(a) 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 be

satisfaction of the learned Magistrate.

(b) The petitioner shall report before the Investigating Officer

between 10 a.m. and 12 noon on the first Monday of all English Calender

months until the case against him is disposed of.

) The petitioner shall furnish the address of the place of his

residence to the Investigating Officer within seven days from the date of his

B.A.No. 3826 of 2007

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release and shall continue to keep the officer informed of such change in

address, if any.

(R. BASANT)

Judge

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