Allowed

Ogiefo Garvin Umar v. Sub Inspector of Police

Kerala HC15 Feb 2008Bail Appl./893/2008

Case brief

AI extract

What is this about?

This is a bail application filed by accused persons charged under sections 489 A, B, C and 468 r/w. 34 IPC. The High Court allowed the third application for regular bail on the condition that the investigation officer completes the investigation within 90 days.

What did the court decide?

The petitioners are enlarged on bail on security of Rs. 2,00,000 each with two sureties, subject to terms of appearing for interrogation and not leaving the state.

Ogiefo Garvin Umar Vs Sub Inspector of Police — Cheque Dishonour | Kerala HC (2008)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE R.BASANT

¶4

FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929

¶5

Bail Appl..No. 893 of 2008()

¶6

---------------------------CRIME NO. 354/07 OF KASABA POLICE STATION AGAINST THE JUDGEMENT/ORDER IN BA.452/2008

¶7

PETITIONERS/ACCUSED

¶8

¶9

OGIEFO GARVIN UMAR ,AGED 28 YEARS, S/O.OGIEFO USMAN,EDO STATE, P.O. BOX 147 ,BENNINCHRY,NIGERIA.

¶10

PRINCE WILL KENECHUKUV OKAFAR AGED 29 YEARS,S/O.JOHN OKAFAR

¶11

6 ADEM FORM CRESENT,ALIMASA BUS STOP LYANAL PAJA,NIGERIA.

¶12

BY ADV. SRI.T.G.RAJENDRAN

¶13

RESPONDENTS:

¶14

¶15

THE SUB INSPECTOR OF POLICE KASABA POLICE STATION,KOZHIKODE.

¶16

STATE REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

¶17

BY PUBLIC PROSECUTOR SRI. JAI GEORGE

¶18

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶19

R. BASANT, J.

¶20

- - - - B.A.No. 893 of 2008

¶21

¶22

Dated this the 15th day of February, 2008

¶23

O R D E R

¶24

Third application for regular bail. The petitioners were arrested and they remain in custody from 18.11.2007. They face allegations for offences punishable, inter alia, under Section 489 A, B & C and 468 r/w. 34 I.P.C. The earlier applications filed by them were dismissed as per orders dt. 7.1.08 in B.A. 8117 of 2007 and dt.25.1.2008 in B.A.No. 452 of 2008. Facts have been adverted to in detail in those orders. This order must be read in continuation of those orders. I am not hence adverting to facts in any greater detail in this order.

¶25

Investigation is not complete. There is no immediate

¶26

prospect of the final report being filed now, submits the learned Prosecutor.

¶27

The learned counsel for the petitioners prays, the learned Prosecutor does not oppose the said prayer on condition that the Investigator is given the full complement of 90 days to

¶28

complete the investigation and I am satisfied that the petitioners,

¶29

B.A.No. 893 of 2008

¶30

¶31

who have remained in custody from 18.11.07 and final report being not

¶32

been filed so far, can now be directed to be enlarged on bail subject to appropriate terms and conditions.

¶33

In the result:

¶34

1. This application is allowed.

¶35

1. The petitioner shall be released on bail on the following terms

¶36

and conditions.

¶37

(a) The petitioners shall execute bonds for Rs.2,00,000/(Rupees two lakhs only) each with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate.

¶38

(b) They shall make themselves 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 and thereafter as and

¶39

when directed by the Investigating Officer in writing to do so.

¶40

¶41

(R. BASANT) Judge

¶42

¶43

B.A.No. 893 of 2008

¶44

Ogiefo Garvin Umar v. Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Ogiefo Garvin Umar v. Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

State of Kerala Vs C.E.Krishnan Embranthiri

Tressa D'Cruz Vs Elizabeth George

Thankamoni Vs Ayyappan Chandran

R.Komalam Vs Tlb, Palakkad

Thommy Vs Udaya Savings Company

Parakkat Muhammed Haji Vs Dainabi