The Bail Application was admitted and allowed. The court granted regular bail to the petitioner under Section 392 IPC after noting the absence of criminal antecedents and the non-objection of the public prosecutor.
Petitioner released on bail subject to a bond of Rs.50,000 and other reporting conditions.
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
TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929
Bail Appl..No. 812 of 2008()
---------------------------CRIME NO.5/2008 OF PANNIYANKARA POLICE STATION
: PETITIONER/ACCUSED
T.LAHANATH ,AGED 20 YEARS, S/O.ABDUL LATHEEF, ILLAMUTTAN PARAMBA MATHOTTAM, KOZHIKODE.
BY ADV. SMT.T.KAMALA MENON
RESPONDENTS: COMPLAINANT
STATE OF KERALA REPRESENTING THE S.H.O. PANNIYANKARA POLICE STATION KOZHIKODE THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.S.U.NAZER
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.BASANT, J.
B.A.No.812 of 2008
Dated this the 12th day of February 2008
O R D E R
Application for regular bail. The petitioner faces indictment for the offence punishable under Section 392 I.P.C. The crux of the allegations is that the petitioner had snatched away a gold chain worn by the victim on 6/1/2008. Local people attempted to chase the petitioner who took to his heels. He could not be apprehended. Later on 8/1/2008, the petitioner was arrested by the Sub Inspector of Police. He was identified by the victim and others who had chased him. He allegedly confessed that the stolen gold chain was thrown away by him while he was running away. Efforts to trace the stolen chain did not yield any result. Final report has already been filed. The petitioner continues in custody from 8/1/2008. He has no history of any criminal antecedents, reports the learned Public Prosecutor.
B.A.No./08
2
against whom no criminal antecedents are reported need not be further detained, awaiting disposal of the case registered against him. Subject to appropriate conditions, I am satisfied that the petitioner can be enlarged on bail.
i) He shall execute 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.
ii) The petitioner shall report before the S.H.O of the Panniyankara police station between 5 p.m and 6 p.m on the first and third Sundays of all English calender months till the case against him is finally disposed of.
(R.BASANT, JUDGE)
jsr
B.A.No./08 3
B.A.No./08 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007
T.LAHANATH
STATE OF KERALA
R.BASANT
As recorded by the court registry
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