High Court Kerala High Court

T.M.Nousal @ Valiya Noufal vs State Of Kerala Represented By The on 11 April, 2007

Kerala High Court
T.M.Nousal @ Valiya Noufal vs State Of Kerala Represented By The on 11 April, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 2138 of 2007()


1. T.M.NOUSAL @ VALIYA NOUFAL,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :11/04/2007

 O R D E R
                              V.RAMKUMAR, J.

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

                      Bail Application No. 2138/2007

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

                     Dated this  11th day of April, 2007


                                   O R D E R

The petitioner, who is the second accused in Crime

No.275/2007 of Tirur police station registered for an offence

punishable under Section 401 IPC, seeks his enlargement on

bail.

2. The case of the prosecution is that at about 10.30 a.m

on 14.3.2007, near the boat jetty at Tirur bye-pass road the

petitioner, along with two other accused persons, was found

involved in some secret talk. The petitioner was arrested on the

same day.

3. The learned Public Prosecutor opposed the

application submitting inter alia that the petitioner is a habitual

offender and he is the accused in several theft cases registered

by various police stations.

4. That is not a reason why the petitioner’s custody

should be continued in the present case where there was

nothing more than a secret talk allegedly seen by the detecting

police officer. I am therefore, inclined to grant bail to the

petitioner.

5. Accordingly, the petitioner is directed to be released

on bail on his executing a bond for Rs. 10,000/- (Rupees ten

B.A.2138/2007

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thousand only) with two solvent sureties each for the like

amount to the satisfaction of the J.F.C.M, Tirur and subject to

the following conditions:

(a). The petitioner shall report before the

Investigating Officer between 9 am. and 11

am. on all Wednesdays.

(b). The petitioner shall make himself

available for interrogation as and when

required by the police till the filing of the

final report.

(c). The petitioner shall not influence or

intimidate the prosecution witnesses nor

shall he attempt to tamper with the

evidence for the prosecution.

(d). The petitioner shall not commit any

offence while on bail.

6. If the petitioner commits breach of any of the above

conditions, the bail granted to him shall be liable to be

cancelled.

The application is allowed as above.

V.RAMKUMAR,

JUDGE

mrcs

B.A.2138/2007

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