Sebastian P.John v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 23RD DAY OF DECEMBER 2015/2ND POUSHA, 1937 Bail Appl..No. 8305 of 2015 () ------------------------------- CRIME NO. 206/2006 OF CENTRAL POLICE STATION , ERNAKULAM DISTRICT ---------------- PETITIONER/ACCUSED NO.1 :
----------------------------------------------- SEBASTIAN P.JOHN, S/O.JOHN, PLAMTHOTTATHIL HOUSE, PAZHARIKANDAM, KANJIKKUZHY, IDUKKI.
BY ADV. SRI.MILLU DANDAPANI RESPONDENT/COMPLAINANTS :
--------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, CENTRAL POLICE STATION, ERNAKULAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31.
BY ADDL.DIRECTOR GENERAL OF PROSECUTION SRI.K.I.ABDUL RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-12-2015,ALONG WITH BA.NO.8306 OF 2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
A. HARIPRASAD, J.
----------------------------- Bail Appl. No.8305 & 8306 of 2015 -------------------------------------------- Dated this the 23rd day of December 2015
O R D E R
Bail applications filed under Sec.439 Cr.P.C.
2. Petitioner is the 1st accused in Crime No.206 of 2006 and Crime No.809 of 2006 of Central Police station, Ernakulam. Crime No.206 of 2006 is registered for the offence under Sec.420 of the Indian Penal Code and Crime No.809 of 2006 is registered under Secs.406 and 420 of the Indian Penal Code.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. Learned counsel for the petitioner submitted that CBI had also registered cases against the same petitioner and this Court, as per order dated 02.11.2015 in B.A. No.4835 of 2015 and connected cases, granted bail to the petitioner.
Considering the nature of allegations and the fact that the petitioner has been released on bail in similar cases earlier, bail is granted to the petitioner in
Bail Appl. No.8305 & 8306 of 2015 2 these cases also with the following conditions. i. The petitioner shall be released on bail on his executing a bond for Rs.1,00,000/- (Rupees on lakh only) each in each case with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction.
ii. The sureties shall be persons permanently residing in the State of Kerala and shall produce documents to establish their identity and solvency.
iii. The lower Court need not insist on solvency certificate. Other documents revealing solvency of the sureties can also be relied on.
iv. The petitioner shall furnish his local address, E-mail ID and phone number to the Investigating Officer.
v. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall
Bail Appl. No.8305 & 8306 of 2015 3 he tamper with the evidence.
vi. The petitioner shall not involve in any other offence during the period of bail.
vii. Petitioner shall appear before the trial Court on all posting dates without failure.
ix. The petitioner shall surrender his passport before the lower Court concerned or if he does not have the same, file an affidavit to that effect.
x. The petitioner shall not leave the revenue District of Ernakulam until the trial is over.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this Court.
A. HARIPRASAD JUDGE NS/23/12/2015