The High Court of Kerala allowed a bail application in two theft cases where the petitioner had previously surrendered after default. The Court dispensed with continued detention, granting bail subject to conditions ensuring availability for trial.
Petitioner enlarged on bail subject to executing a bond and reporting to the SHO weekly.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT
WEDNESDAY, THE 5TH DECEMBER 2007 / 14TH AGRAHAYANA 1929
Bail Appl..No. 7276 of 2007() ----------------------------AGAINST THE JUDGEMENT/ORDER IN BA.5840/2007 Dated 03/10/2007 CRIME NO.245/01 OF KOTHAMANGALAM POLICE STATION.
PETITIONER/ACCUSED
NARAYANADAS, S/O DIVAKARA MENON, PARAMBATH HOUSE, JAYANTHI ROAD, MARADU, ERNAKULAM.
BY ADV. SRI.PEEYUS A.KOTTAM SRI.K.C.BIJU SRI.M.M.PRASAD SRI.P.JIMMY JOHN
RESPONDENTS: COMPLAINANT
STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.S.U. NAZAR.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/12/2007, ALONG WITH BA NO. 7384 OF 2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R. BASANT, J.
-------------------------------------------B.A. NOs. 7276 & 7384 of 2007
Dated this the 5th day of December, 2007
ORDER
The common petitioner faces indictment in two separate crimes – both registered under Sec.379 of the IPC. The allegations relate to theft of motor-cycles. Both crimes were registered in 2001. Final reports were filed and cognizance was taken in both cases in 2004. The petitioner was enlarged on bail. But as the petitioner did not appear before the learned Magistrate later, the trial against him could not be continued. Long later, the petitioner surrendered before the learned Magistrate on 18/9/07. He continues in custody from that date.
B.A. NOs. 7276 & 7384 of 2007 -: 2 :-
shall be disposed of by 3/12/07. Accepting that submission, the earlier bail applications were dismissed. The petitioner was given the option to come before this Court for bail again if the cases are not disposed of by 15/12/2007.
B.A. NOs. 7276 & 7384 of 2007 -: 3 :-
the petitioner submits that the absence of the petitioner was on account of reasons beyond his control. He wants the court to take note of the fact that the petitioner had voluntarily surrendered before the learned Magistrate on 18/12/07. In these circumstances, the discretion under Sec.439 of the Cr.P.C. may be exercised in favour of the petitioner subject to any appropriate conditions that shall ensure the presence of the petitioner promptly for the continued trial.
(a) These applications are allowed.
(b) The petitioner shall be released on bail on the following terms and conditions:
(i) The petitioner shall, in each case, execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties
B.A. NOs. 7276 & 7384 of 2007 -: 4 :-
each for the like sum to the satisfaction of the learned Magistrate. In the peculiar facts and circumstances of this case, the learned Magistrate must zealously ensure that the sureties offered are sufficient and solvent.
(ii) The petitioner shall report before the S.H.O. of the Kothamangalam Police Station between 5 p.m. and 6 p.m. on all Sundays until the case against is finally disposed of.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge
2 issues framed by the court
Whether the petitioner with bad antecedents and past bail default should be denied bail in pending theft cases.
Whether the petitioner can be enlarged on bail subject to conditions to ensure his presence for completion of trial.
2 provisions across 2 enactments
NARAYANADAS, S/O DIVAKARA MENON
STATE OF KERALA
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
