IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4858 of 2007()
1. SHIBU, S/O. CHELLAPPAN, AGED 28 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI. K.SIJU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :10/08/2007
O R D E R
R.BASANT, J
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B.A.No.4858 of 2007
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Dated this the 10th day of August, 2007
ORDER
Application for regular bail. The petitioner had earlier come
to this Court with an application for anticipatory bail and by order
dated 9.7.07, the said prayer was rejected as per order in
B.A.No.4121 of 2007. It is not necessary to advert to the facts in
greater detail. Suffice it to say that the petitioner face allegations
under Sec.376 IPC. That case was registered in 2002. The
petitioner did not appear before the learned Magistrate and
consequently a warrant of arrest was issued against him. The
petitioner surrendered before the learned Additional Assistant
Sessions Judge on 1.08.07. He continues in custody from that date.
2. The learned counsel for the petitioner prays, the learned
Public Prosecutor does not oppose the said prayer and I am satisfied
that the petitioner can be released now on bail subject to
appropriate conditions which shall ensure the presence of the
petitioner before the learned Additional Assistant Sessions Judge for
the trial.
3. In the result, this petition is allowed. The petitioner shall
be released on bail on the following terms and conditions:
B.A.No.4858 of 2007
2
i) The petitioner shall execute a bond for Rs.1,00,000/-
(Rupees one lakh only) with two solvent sureties each for the like
sum to the satisfaction of the learned Additional Assistant Sessions
Judge . The learned Additional Assistant Sessions Judge shall
scrupulously insist that the sureties offered are solventand s.
ii) The petitioner shall make himself available for
interrogation before the Oachira Police Station on all first Sunday of
every English Calender Month at 5 p.m, until the trial against him is
over.
iii) The petitioner shall surrender his passport, if any. If he
has no passport an affidavit to that effect shall be filed before the
learned Additional Assistant Sessions Judge.
(R.BASANT, JUDGE)
sj