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JAYAN, S/O. GOPALAN ACHARY, AGED 28 versus THE STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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JAYAN, S/O. GOPALAN ACHARY, AGED 28 v. THE STATE OF KERALA, REPRESENTED BY - Bail Appl No. 4902 of 2007 [2007] RD-KL 15752 (16 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4902 of 2007()

1. JAYAN, S/O. GOPALAN ACHARY, AGED 28,
... Petitioner

Vs

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

For Petitioner :SRI.A.C.DEVY

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

Dated :16/08/2007

O R D E R

R. BASANT, J

B.A. NO. 4902 of 2007

Dated this the 16th day of August, 2007

ORDER

Application for regular bail. The petitioner is the 3rd accused. He faces allegations under Sec.392 read with Sec.34 of the IPC. It is alleged now that he was involved in an incident of chain snatching which took place on 11/2/07. The victim had not made a prompt complaint. Long later, the petitioner was arrested in another crime at another Police Station on 14/5/07. Interrogation of the petitioner allegedly revealed his complicity in the crime which took place on 11/2/07 which had not been reported to the police at all. Accordingly, the present crime has been registered. The petitioner has been shown as arrested in the crime on 26/5/07. He thus continues in custody from 14/5/07.

2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Except the alleged confession statement of the petitioner, there is absolutely B.A. NO. 4902 of 2007 nothing to point to the alleged complicity of the petitioner. The learned counsel for the petitioner submits that, after arresting the petitioner in some other case, an attempt is made to place blame for all undetected crimes in the locality on the shoulders of the petitioner. No recovery whatsoever has been effected to point to the complicity of the petitioner in the alleged crime. In these circumstances and in any view of the matter, the petitioner who has remained in custody from 14.5.07/26.5.07 may now be directed to be enlarged on bail, prays the learned counsel for the petitioner.

3. The learned Public Prosecutor opposes the application; but, in response to a specific query, concedes that no recovery has been effected in this case which can help the court to establish the nexus between the incidents which took place on 11/2/07 and the petitioner. No crime has been initially registered. I am, in these circumstances, satisfied that the petitioner, who has remained in custody from 26/5/07, can now be directed to be released on bail subject, of course, to appropriate conditions.

4. In the result:

(a) The application is allowed.

(b) The petitioner shall be released on bail on the following B.A. NO. 4902 of 2007 terms and conditions:

(i) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioner shall make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of three months from the date of his release and thereafter as and when directed by the Investigating Officer in writing to do so. (iii) The petitioner shall not leave the Sessions Division of Alappuzha until further orders without prior permission of the learned Magistrate. Sd/-

(R. BASANT, JUDGE)

Nan/ //true copy// P.S. to Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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