IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7054 of 2008()
1. OMIYA BISWAS, S/O.ATHUL BISWAS,
... Petitioner
Vs
1. THE STATE OF KERALA, THROUGH THE SUB
... Respondent
For Petitioner :SRI.SAKIR.K.H.
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :03/12/2008
O R D E R
K. HEMA, J.
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B.A. No. 7054 of 2008
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Dated this the 3rd day of December,2008
O R D E R
Petition for bail.
2. The alleged offences are under sections 307, 397 read
with section 34 IPC. According to prosecution, petitioner (A2)
along with other accused in furtherance of common intention to
commit murder, assaulted de facto complainant and robbed
Rs.20,000/- from him. A cut injury was inflicted on de facto
complainant by using a knife.
3. Learned counsel for petitioner submitted that
petitioner was arrested on 14-9-2008 and he is in custody since
then. Charge sheet has already been laid and hence, petitioner’s
detention is not required for investigation.
4. Learned Public Prosecutor submitted that petitioner
belongs to West Bengal and if he is granted bail, it is likely that
he will not be available for trial, since he may abscond. He will
also influence and intimidate witnesses. However, if bail is
granted, stringent condition may be imposed, it is submitted.
5. On hearing both sides, I find that bail can be granted to
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petitioner on stringent conditions. Hence, the following order is
passed:-
1) Petitioner shall be released on bail on his
executing a bond for Rs.50,000/- with two
solvent sureties each for the like amount
to the satisfaction of the learned
Magistrate (Surety shall be local sureties).
In addition to the two sureties one of the
close relatives of petitioner shall also
execute bond for the same amount
whether he/she is solvent or not.
2) Petitioner shall report before the
Investigating Officer on every alternate
day between 10 a.m. and 1 p.m. until
further orders.
3) Petitioner shall not leave the limits of the
police station within which the crime is
registered except with the prior
permission of the learned Magistrate.
4) Petitioner shall not intimidate or influence
any witness or commit any offence while
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on bail and in case breach of this
condition, bail is liable to be cancelled.
This petition is allowed.
K.HEMA, JUDGE.
mn.