IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6774 of 2009()
1. RAMESHAN, AGED 35 YEARS, S/O.RANADEV,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.KODOTH SREEDHARAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :20/11/2009
O R D E R
K.T.SANKARAN, J.
---------------------------------------------
B.A.No.6774 of 2009
---------------------------------------------
Dated this the 20th day of November, 2009
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is accused No.3 in
Crime No.634 of 2008 of Kasaragod Police Station.
2. The offence alleged against the petitioner is under
Section 511 of Section 420 of the Indian Penal Code.
3. The prosecution case is that on 13.9.2008, the
accused persons, seven in number, went to Malabar Gold, a
jewellery at Kasaragod and purchased gold ornaments worth
Rs.28 lakhs and 2 watches worth Rs.63,000/-. Towards payment,
they produced a debit card. The jewellery people insisted on
identity proof of the concerned person. At that time, the accused
persons went out under some pretext and later they escaped.
The persons in charge of the jewellery had taken a photocopy of
the debit card. The matter was reported to the police. The
investigation revealed that the debit card was a forged one.
4. The petitioner was arrested on 30.10.2009 and he was
remanded to judicial custody. The petitioner moved an
BA No.6774/2009 2
application for bail. That application was dismissed by the Chief
Judicial Magistrate, Kasaragod by the order dated 4.11.2009.
5. The crime is of the year 2008. The investigation must
have reached the final stage. Even if the petitioner is detained in
judicial custody, that will not improve the situation in so far as
the investigation is concerned.
6. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
petitioner, the nature of the offence and the present stage of
investigation, I am of the view that bail can be granted to the
petitioner on stringent conditions.
The petitioner shall be released on bail on his executing
bond for Rs.50,000/- with two solvent sureties for the like
amount to the satisfaction of the Chief Judicial Magistrate Court,
Kasaragod, subject to the following conditions:
a) The petitioner shall report before the investigating officer
between 9 A.M. and 11 A.M. on all Tuesdays and Fridays,
till the final report is filed or until further orders;
b) The petitioner shall appear before the investigating officer
for interrogation as and when required;
c) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;
BA No.6774/2009 3
d) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;
e) In case of breach of any of the conditions mentioned above,
the bail shall be liable to be cancelled.
The Bail Application is allowed as above.
K.T.SANKARAN,
JUDGE
csl