IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7491 of 2006()
1. P.U.JOSEPH @ JOSE
... Petitioner
Vs
1. THE C.I. OF POLICE
... Respondent
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :12/12/2006
O R D E R
V. RAMKUMAR, J.
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Bail Application Nos.7491of 2006
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DECEMEBR 12, 2006
ORDER
Petitioner who is the 9th accused in Crime No. 47/06 of CBCID,
Kozhikode (originally registered as Crime No. 55/06 of Thamarassery
Police Station) for offences punishable under Secs. 143, 147, 148,
323, 326, 307 and 302 read with Sec. 149 and 120(B) I.P.C., seeks
his enlargement on bail. The occurrence took place on 11-2-2006 and
ever since then he has been in judicial custody. Petitioner was
arrested on 4.7.2006.
2. Even though Sri. P.G. Thambi, the learned Director
General of Prosecutions, opposed the application, I do not think that
the continued detention of the petitioner is called for. The petitioner
has been in judicial custody for an unreasonably long period. If,
ultimately, he is found guilty, he definitely deserves condign
punishment for his alleged involvement. Now the only question
relevant is whether the petitioner will be available for trial and
whether while on bail he will influence or intimidate the prosecution
witnesses. Those apprehensions of the prosecution can be taken
care of by imposing appropriate conditions. Accordingly, the
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petitioners is directed to be released on bail on his executing a bond
for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent
sureties each for the like amount to the satisfaction of the Addl.
Sessions Court (Special Court for N.D.P.S. Cases, Vadakara), and
subject to the following conditions:
i) The petitioner shall not influence or intimidate the prosecution
witnesses nor shall he attempt to tamper with the evidence for
the prosecution.
ii) The petitioner shall not commit any offence while on bail.
iii) The petitioner shall appear before the trial court on all the
postings of the case without fail.
iv) The petitioner shall leave the territory of the State of Kerala
without the previous written permission of the trial court.
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 accordingly allowed.
V. RAMKUMAR,
(JUDGE)
mt/-
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