High Court Kerala High Court

Narayanadas vs State Of Kerala on 5 December, 2007

Kerala High Court
Narayanadas vs State Of Kerala on 5 December, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 7276 of 2007()


1. NARAYANADAS, S/O DIVAKARA MENON,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.PEEYUS A.KOTTAM

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :05/12/2007

 O R D E R
                         R. BASANT, J.
             --------------------------------------------
               B.A. NOs. 7276 & 7384 of 2007
             --------------------------------------------
         Dated this the 5th day of December, 2007

                             ORDER

The common petitioner faces indictment in two separate

crimes – both registered under Sec.379 of the IPC. The

allegations relate to theft of motor-cycles. Both crimes were

registered in 2001. Final reports were filed and cognizance

was taken in both cases in 2004. The petitioner was enlarged

on bail. But as the petitioner did not appear before the

learned Magistrate later, the trial against him could not be

continued. Long later, the petitioner surrendered before the

learned Magistrate on 18/9/07. He continues in custody from

that date.

2. The petitioner had earlier come before this Court

claiming regular bail. This Court, by a common order dated

3/10/07 in B.A.Nos.5840 & 5843/07, rejected the said

applications after calling for a report from the learned

Magistrate. The learned Magistrate undertook that the cases

B.A. NOs. 7276 &
7384 of 2007 -: 2 :-

shall be disposed of by 3/12/07. Accepting that submission, the

earlier bail applications were dismissed. The petitioner was

given the option to come before this Court for bail again if the

cases are not disposed of by 15/12/2007.

3. The trial continued; but it was not completed. The

matter stands posted for procuring the presence of the

witnesses to 10/1/08. In these circumstances, the petitioner

has come before this Court with a renewed prayer that he may

be enlarged on bail in these cases.

4. Notice was given to the learned Public Prosecutor. The

learned Public Prosecutor continues to oppose the application on

the ground that the antecedents of the petitioner and his past

conduct, after release on bail in these cases, disentitle him to

claim the discretion under Sec.439 of the Cr.P.C. It is prayed

that these petitions may be dismissed and the learned Magistrate

may be directed to complete the trial expeditiously.

5. The learned counsel for the petitioner, on the contrary,

submits that the four other cases against the petitioner – two of

them have already ended in acquittal and the other two, the

petitioner has been enlarged on bail. The learned counsel for

B.A. NOs. 7276 &
7384 of 2007 -: 3 :-

the petitioner submits that the absence of the petitioner was on

account of reasons beyond his control. He wants the court to

take note of the fact that the petitioner had voluntarily

surrendered before the learned Magistrate on 18/12/07. In

these circumstances, the discretion under Sec.439 of the Cr.P.C.

may be exercised in favour of the petitioner subject to any

appropriate conditions that shall ensure the presence of the

petitioner promptly for the continued trial.

6. Having considered all the relevant circumstances, I am

satisfied that it will not be just or proper to insist on continued

detention of the petitioner in custody for completion of trial in

these two cases. Subject to appropriate conditions which shall]

zealously ensure that the petitioner is available to continue the

trial, the petitioner can now be enlarged on bail, I am satisfied.

7. In the result:

(a) These applications are allowed.

(b) The petitioner shall be released on bail on the following

terms and conditions:

(i) The petitioner shall, in each case, execute a bond for

Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties

B.A. NOs. 7276 &
7384 of 2007 -: 4 :-

each for the like sum to the satisfaction of the learned

Magistrate. In the peculiar facts and circumstances of this case,

the learned Magistrate must zealously ensure that the sureties

offered are sufficient and solvent.

(ii) The petitioner shall report before the S.H.O. of the

Kothamangalam Police Station between 5 p.m. and 6 p.m. on all

Sundays until the case against is finally disposed of.

Sd/-

(R. BASANT, JUDGE)
Nan/

//true copy//

P.S. to Judge