RAYA MARAKKAR VEETIL GORILAPPARAMBIL KOYA v. STATE OF KERALA

O R D E RAs per the common order dated 21.2.2007 inB.A.Nos.960/2007 and 1021/2007, this Court granted bail tothe petitioner who is involved in two crimes, one before the Customs House, Cochin, and the other before the HarbourPolice. While granting bail, he was directed to be released bythe Additional C.J.M. (Economic Offences), Eranakulam, whichcan obviously relate only to the Customs offence. With regardto Crime No. 11/2007 before the Harbour police for an offencepunishable under Section 25(1)(a) of the Arms Act, 1959, therewas no specific direction to the Magistrate concerned torelease the petitioner on bail or the conditions on which bailwas granted. Hence, this petition for clarification. 2. The learned counsel for the petitioner submittedthat he had already been granted bail by the Additional C.J.M.(Economic Offences), Eranakulam, with regard to the customsoffence and that the petitioner has been unable to get bail inthe other case due to the ambiguity in the bail order. 3. Accordingly, the petitioner who is the accused in Crime No.11/2007 of Harbour Police Station is directed to be Crl.M.C.486/20072released on bail on his executing a bond for Rs.25,000/-(Twenty Five Thousand Rupees only) with two solvent suretieseach for the like amount to the satisfaction of the J.F.C.M-I,Eranakulam and subject to the following conditions:-(a). The petitioner shall make himselfavailable for interrogation as and whenrequired by the police till the filing of thefinal report. (b).The petitioner shall not influenceor intimidate the prosecution witnessesnor shall he attempt to tamper withthe evidence for the prosecution. (c).The petitioner shall not commitany offence while on bail. 5. If the petitioner commits breach of any of the aboveconditions, the bail granted to him shall be liable to becancelled. The application is allowed as above.V.RAMKUMAR, JUDGEmrcs Crl.M.C.486/20073