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High Court of KeralaBail Appl./5078/2015allowed

Rajeev v. The Deputy Superintendent Of Police, Cb Cid, Thrissur

2015-08-25Honourable Mr. Justice Sunil Thomas3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS TUESDAY, THE 25TH DAY OF AUGUST 2015/3RD BHADRA, 1937 Bail Appl..No. 5078 of 2015 () ------------------------------- CRMP 6692/2015 of J.M.F.C., KUNNAMKULAM DATED 10-08-2015 CRIME NO. 516/2013 OF KUNNAMKULAM POLICE STATION, TRISSUR ------------- PETITIONER(S)/2ND ACCUSED :- ----------------------------- RAJEEV, AGED 41 YEARS S/O.KUMARAN, PEENIKKA HOUSE, KOPPIPADAM DESOM VELLIKULANGARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR. BY ADV. SRI.P.K.ANIL RESPONDENT(S)/COMPLAINANT/STATE :- -----------------------------------

1. THE DEPUTY SUPERINTENDENT OF POLICE, CBCID OCW-III, SUB UNIT, THRISSUR-680 001.

2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt

SUNIL THOMAS, J.

~~~~~~~~~~~~~~ B.A. No.5078 of 2015 ~~~~~~~~~~~~~~~~~ Dated this the 25th day of August 2015

O R D E R

When the matter was taken up today, it was submitted by the learned counsel for the petitioner that the petitioner was arrested on 24.6.2015 and the original offence alleged against him was punishable under Section 395 IPC, which was later altered to Section 398 IPC and hence, he is entitled to statutory bail. 2.

The learned Public Prosecutor submits that the final report has not been filed even now. In the above circumstance, he is entitled for statutory bail, though the allegation against the accused is very serious.

3.

In the above circumstance, rather than relegating the petitioner to the learned Magistrate at this stage, I am inclined to grant default bail at this stage, subject to the following strict conditions :- (i) The petitioner shall execute bond for a sum of `1,00,000/- (Rupees One Lakh only) with two sureties for the like sum each to the satisfaction of the jurisdictional Magistrate.

B.A. No.5078 of 2015 -: 2 :- (ii) The petitioner shall surrender his passport, if any at the time of executing the bond and if not, file an affidavit to that effect.

(iii) The petitioner shall appear before the Investigating Officer on all Tuesdays and Fridays between 9 and 10 a.m. till the final charge is laid.

(iv) The petitioner shall not leave the jurisdiction of Kunnamkulam Police Station till the final charge is laid.

(v) The petitioner shall appear before the Investigating Officer as and when called for and shall co-operate with the investigation and shall not in any manner interfere in the course of investigation.

SUNIL THOMAS J UDGE Jvt