High Court Kerala High Court

Sangeetha vs State Of Kerala on 26 July, 2007

Kerala High Court
Sangeetha vs State Of Kerala on 26 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4503 of 2007()


1. SANGEETHA, AGED 20 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.P.SANTHOSH  (PODUVAL)

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :26/07/2007

 O R D E R






                              R. BASANT, J.

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

                          B.A. NO.  4503  of 2007

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

                Dated this the   26th   day of July, 2007


                                  ORDER

Application for regular bail. The petitioner faces

allegations under Sec.302 of the IPC. Earlier, she had come

to this Court with a prayer for anticipatory bail and by order

dated 3/7/07 in B.A.No.4114/07, that prayer was rejected.

This order must be read in continuation of that order. I am

not hence adverting to the facts in any great detail.

Subsequent to the dismissal of the said anticipatory bail

application, the petitioner had surrendered before the learned

Magistrate having jurisdiction on 9/7/07. She continues in

custody from that date. A period of 15 days has already

elapsed. The Case Diary has been perused by me. There are

indications to show that the accused was taken into police

custody; but the statement of the accused is not seen in the

Case Diary at all. This is very unsatisfactory, if, as a matter of

fact, the petitioner had been taken to police custody and

B.A. NO. 4503 of 2007 -: 2 :-

interrogated, I would expect the statement, if any, recorded of

the accused to be there in the Case Diary. However, the learned

Public Prosecutor submits that the police custody has been

obtained and the police have already got an opportunity to

interrogate the petitioner in custody.

2. Be that as it may, I am satisfied that, in the facts and

circumstances to which reference is already made, it is not

necessary to insist on continued detention of the petitioner now.

3. In the facts and circumstances of this case, subject to

appropriate conditions, regular bail can be granted to the

petitioner, I am satisfied.

4. In the result:

(a) The application is allowed.

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

terms and conditions:

(i) The petitioner shall execute a bond for Rs.50,000/- with

two solvent sureties each for the like sum to the satisfaction of

the learned Magistrate.

(ii) The petitioner shall make herself available for

interrogation before the Investigating Officer on all Mondays and

B.A. NO. 4503 of 2007 -: 3 :-

Fridays between 10 a.m. and 12 noon for a period of two months

and thereafter, as and when directed by the Investigating

Officer in writing to do so.

Sd/-

(R. BASANT, JUDGE)

Nan/

//true copy//

P.S. to Judge