Lokesh Tiwari @ Ariyan Mithal Aged … vs State Of Kerala Represented By The on 12 September, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 5503 of 2006()


1. LOKESH TIWARI @ ARIYAN MITHAL AGED 32
                      ...  Petitioner

                        Vs



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

2. MADHUSOODANAN. AGED 42 YEARS, S/O.

                For Petitioner  :SRI.JOHNSON GOMEZ

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice J.M.JAMES

 Dated :12/09/2006

 O R D E R
                             J.M.JAMES, J.

                               --------------

                           B.A. 5503/2006

                             ------------------

 DATED THIS THE 12TH DAY OF SEPTEMBER, 2006




                               O R D E R

The petitioner is the second accused, in crime

No.193/2006 of Aluva Police Station for the offence

punishable under Section 420 IPC read with Section 34

IPC. The learned Magistrate of Judicial Magistrate of First

Class-I, Aluva, had refused to grant bail on the grounds,

inter alia, that the presence of the petitioner during the

trial, was doubtful and also that the final report had

already been filed. Therefore, the trial could be completed

at the earliest.

2. The counsel for the petitioner submitted that

the petitioner had filed Crl.M.C.No.2391/2006 for

quashing the final report, filed in Crime No.193/2006 and

an interim stay was ordered in Crl.M.A.No.4379/2006 on

10.8.2006. The same had already been extended until

further orders. The counsel also submitted that the father

of the petitioner is working in Bhilai Steel plant and the

B.A.5503/2006

2

petitioner would be available for trial or before the

Investigating Officer, as and when required, and

therefore, prayed for bail.

3. After hearing both sides and considering the

facts on record, I grant bail and release the petitioner

from jail, subject to the following conditions:-

(a). The petitioner shall execute a bond

for Rs.25,000/-, with two solvent sureties,

each for the like sum, to the satisfaction

of the Judicial Magistrate of First Class-I,

Aluva.

(b). The petitioner shall not leave the

State of Kerala, till the final trial and

disposal of the case, unless otherwise

ordered by the competent Court of law.

(c). The learned Magistrate while

granting bail shall ensure that at least

one of the sureties produces the solvency

certificate, for the above amount to the

satisfaction of that Court, and if the

Magistrate is doubtful of any document

B.A.5503/2006

3

produced before him, he is at liberty to

conduct the enquiry. But the same

should not be allowed to protract the

granting of the bail to the petitioner.

The application is allowed as above.

J.M.JAMES

JUDGE

mrcs