V.Balachandran v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 21ST DAY OF OCTOBER 2015/29TH ASWINA, 1937 Bail Appl..No. 6676 of 2015 -------------------------------------- CRIME NO. 322/2007 OF HOSDURG POLICE STATION , KASARGOD ------------------ PETITIONER(S)/ACCUSED:

------------------------------------- V.BALACHANDRAN, AGED 48 YEARS, S/O.KRISHNAN, VAININGATTU, PUTHUKAI VILLAGE NOW RESIDING AT PULLUR, PULLUR VILLAGE, P.O.HARIPURAM.

BY ADV. SRI.T.K.VIPINDAS RESPONDENT(S)/COMPLAINANT:

----------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.H.O.

HOSDURG POLICE STATION, KASARAGOD DISTRICT-671123. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-10-2015, ALONG WITH BA.NO.6677/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

PJ

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of October, 2015 C O M M O N O R D E R Petition filed under Section 439 Cr.P.C.

2.

Petitioner was the second accused in Crime No.291 of 2007 of Hosdurg police station registered for the offence under Section 420 of the Indian Penal Code. 3.

After investigation the police filed final report. As the petitioner was absconding the case against him was split up and the other accused were tried. The case against the petitioner was removed to register of long pending cases. The petitioner surrendered before the court on 19.09.2015. His case is that he was working in Bengaluru and he was not involved in conducting the chitty, which the subject matter of the cases. In some of

the cases one of the co-accused was convicted. It appears that his further detention is not necessary.

In the result, these applications are allowed. The petitioner will be released on bail on his 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 concerned. 2.

He shall appear before the investigating officer between 11 a.m and 12 noon every Wednesday for four months, or till the final report is filed, whichever is earlier. 3.

He shall not threaten or attempt to influence the witnesses, nor shall he while on bail, get himself involved in any criminal case; nor shall he destroy or attempt to destroy the evidence or interfere with the investigation. 4.

He shall surrender his passport before the lower court concerned of if he does not have one, he shall file an affidavit to that effect within five days of his release. 5.

He shall not leave Kerala without the previous

permission of the court of enquiry or trial court as the case may be.

If the petitioner violates any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge