IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 Bail Appl..No. 145 of 2008() ---------------------------- CMP.16829/2007 of J.M.F.C.,KARUNAGAPPALLY .................... CRIME NO.354/07 OF CHAVARA POLICE STATION : PETITIONER/ACCUSED NO.5 ---------------------------------------- SANOJ,S/O. BABU, AGED 21 YEARS, SANOJ BHAVANAM, AKKAL MURI, PANMANA VILLAGE KARUNAGAPPALLY. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY THE SUB INSEPCTOR OF POLICE, CHAVARA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.145 of 2008 ---------------------------------------- Dated this the 16th day of January 2008 O R D E R Application for regular bail. The petitioner is the fifth accused in crime No.354/2007 of Chavara police station. On 06/06/07, a vehicle with stolen articles in it was intercepted. The petitioner allegedly took to his heels. He was arrested later on 17/7/2007. He applied for bail and he was granted regular bail subject to conditions. Later, while he was on bail in that case, he was involved in a later crime of theft and crime No.549/2007 of the same police station was registered against the petitioner. He has later been granted bail in that crime, it is submitted. 2. But the prosecution applied for cancellation of his bail in crime No.354/07 and by order dated 14/12/2007, the bail granted to him earlier was cancelled under Section 437(5) Cr.P.C. The petitioner was later arrested and remanded to custody on 31/12/2007. The petitioner continues in custody from that date. The petitioner renewed his prayer for release of bail; but the learned Magistrate rejected the application holding that the petitioner had already abused his liberty and had committed an offence while he was released on bail. B.A.No.145/08 2 3. The petitioner continues in custody from 31/12/2007. The learned counsel for the petitioner submits that the subsequent crime has been registered without any bona fides with the sole purpose of vexing and harassing the petitioner. The petitioner had already been released on bail in that crime, it is not necessary to insist on continued detention of the petitioner in that earlier crime for the reason that the next crime has been registered. The petitioner having already been granted regular bail in the latter crime, pendency of the latter crime cannot be reckoned as sufficient reason to deny bail to him in the earlier crime, argues the learned counsel for the petitioner. 4. The learned Public Prosecutor does not oppose the application. He only submits that appropriate conditions may be imposed. I am satisfied that the petitioner, who remains in custody from 31/12/2007, can now be enlarged on bail; but subject to appropriate conditions. 5. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions: B.A.No.145/08 3 i) He 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 between 10 a.m and 12 noon on all Mondays and Fridays, for a period of two months and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) jsr B.A.No.145/08 4 B.A.No.145/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007