Jayakumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 5TH DAY OF OCTOBER 2015/13TH ASWINA, 1937 Bail Appl..No. 5837 of 2015 () ------------------------------- CRIME NO. 1011/2015 OF ALATHUR POLICE STATION, PALAKKAD DISTRICT. .......

APPLICANT/ACCUSED NO.2:

------------------------------------------- JAYAKUMAR, AGED 29 YEARS, S/O. GOVINDANKUTTY NAIR, VANIYAR STREET, PERIMKULAM, PALAKKAD.

BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL).

RESPONDENT/COMPLAINANT:

---------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY SR. PUBLIC PROSECUTOR SRI.V.S. SREEJITH.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

A.HARIPRASAD, J.

------------------------------------------------ B.A No.5837 of 2015 ------------------------------------------------ Dated this the 5th day of October, 2015.

O R D E R

Application for bail under Section 439 Cr.P.C. 2.

Petitioner is the second accused in crime No.1011/2015 of Alathur Police Station registered for an offence punishable under Section 392 r/w Section 34 I.P.C. 3.

It is alleged that the accused persons snatched a gold chain weighing five sovereigns worn by one Viswanathan somewhere in 2011. Identity of the accused could not be revealed at that time. It is the prosecution case that they came on a motor bike and snatched the gold chain owned by a pedestrian. 4.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5.

The petitioner was arrested on 01-09-2015 and he is in custody since then. Insofar as the petitioner is concerned, the investigation has advanced to a considerable extent. Considering the stage of investigation and the nature of offence, I find that

B.A No.5837 of 2015 2 bail can be granted to the petitioner with following strict conditions :

1. The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction.

2. The sureties shall produce documents to establish their identity and solvency. The learned trial Judge need not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

3. The petitioner shall appear before the Investigating Officer on all Mondays and Thursdays between 10.00 and 11.00 a.m until final report is filed.

4. The petitioner shall not indulge in any offence while on bail.

5. The petitioner shall not influence or intimidate the witnesses or meddle with the investigation in any manner.

If any of the above conditions is breached by the petitioner, the learned Magistrate is free to cancel bail without referring the matter to this Court.

Sd/- A.HARIPRASAD, JUDGE.

//True copy// amk P.A to Judge