IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 Bail Appl..No. 7371 of 2008() ----------------------------- CRIME NO.710/2008 OF KALPAKANCHERY POLICE STATION PETITIONER/ACCUSED:- ------------------------------ HAMSA, S/O.MUHAMMED, MEDIPPARA HOUSE, KANMANAM AMSOM AND DESOM,KANMANAM P.O. TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.K.RAMACHANDRAN SRI.P.RAMACHANDRAN SRI.S.SREEDEV RESPONDENT(S): --------------- 1. THE STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KALPAKANCHERY POLICE STATION, KALPAKANCHERY, MALAPPURAM DISTRICT. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7371 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of December,2008 O R D E R Petition for bail. 2. The alleged offence is under section 392 IPC. According to prosecution, petitioner robbed an amount of Rs.7,580/- from de facto complainant showing a knife. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. Police is harassing him ever since 1979 onwards. Several cases were registered against him but in none of the cases he was convicted. The innocence of petitioner used to be revealed at the time of trial and he was acquitted in all the cases by the court. A writ petition was filed by petitioner as W.P.(C) no.16403/2008 before this Court (vide Annexure-A1) and after filing of the writ petition, police stopped harassing petitioner and hence writ petition was closed as infructuous, as per order dated 24-10-2008. 4. Thereafter, petitioner was arrested on 18-11-2008, on registration of the crime, on the basis of a statement given by de BA 7371/08 -2- facto complainant. Though petitioner was acquitted in all the cases, in a case where petitioner was assaulted and an offence under section 307 IPC was involved, accused was convicted. Petitioner is in custody from 18-11-2008 and further detention may not be necessary for investigation and hence, petitioner may be granted bail, it is submitted. 5. Learned counsel for petitioner pointed out that police had sought petitioner's custody and a petition was also filed before the Magistrate but the said request was rejected by the learned Magistrate. Petitioner was brutally tortured by police after his arrest and this fact was disclosed while he was arrested and produced in court. It is submitted that learned Magistrate had noted the injury sustained by petitioner, when he was produced by police in this case. It is also submitted that petitioner was on bail in all the cases and petitioner has no intention to abscond. He regularly appeared in all the cases in which he is on bail and he is prepared to abide by any conditions, as imposed by this Court. 6. This petition is opposed. Learned Public Prosecutor submitted that from 1979 to 1988, 16 cases were pending against petitioner. In 2004 a case was registered against him for BA 7371/08 -3- offence under section 307 IPC and if petitioner is released on bail, it will not be in the interest of the public at large, it is submitted. 7. On hearing both sides, considering the various facts stated, I find that bail can be granted to petitioner on stringent conditions. 8. Hence, petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioner shall report before the Sub Inspector of Police, Tirur on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. It is made clear that this condition will not apply on the Bakrid day on 8-12-2008. 2) Petitioner shall not enter the limits of the police station within which the crime is registered except for the compliance of direction in condition (1). 3) Petitioner shall not intimidate or influence BA 7371/08 -4- any witness or tamper with evidence or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.