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Rocatikeda v State - Bail Ruling [2012] FJHC 1103; HAC66.2012 (11 May 2012)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
MISCELLANEOUS JURISDICTION

CRIMINAL MISCELLANEOUS CASE NO: HAM 66 OF 2012

BETWEEN:

RATU VILIAME ROCATIKEDA

AND:

STATE

Counsel : Applicant in person
Ms. K. Semisi for the Respondent

Date of Hearing : 10th May 2012
Date of Bail Ruling: 11th May 2012

BAIL RULING

1. The applicant above name filed an application for bail.
   
2. The applicant submits following grounds for bail:
   
   1. He is a first offender
   2. He is looking after his elderly father
   100. He is not flight risk;
   4. No history of breaching bail
   5. Entitled for bail
      
3. The State Counsel formally objects for bail and submits following factors:
   
   1. State has a strong case;
   2. Offence is serious;
   100. The applicant has another case at the Magistrates Court for annoying a person.
        
4. I consider section 3(1) of the Bail Act and it states as follows:
   

"Every accused person has a right to be released on bail unless it is not in the interests of justice that bail should be granted."

5. Considering the nature of the offence and the submission by the Applicant and the state I am in agreement with the Applicant that he is entitled for bail under section 3 of the Bail Act.
   
6. Available materials before the court does not warrant to treat the Applicant as a flight risk or threat to the society, therefore I inclined to release the applicant on bail.
   
7. The applicant is release on bail subject to following conditions:
   
   1. Personal surety bond for the value of $1000;
   2. Two sureties for the value of $1000 each (non cash);
   100. Report to the Police Station of Lautoka on every Tuesday, Thursday and Saturday between 8 am to 6pm;
   4. On the request of the Sate Counsel you are kept under curfew. You should not leave your home from Vitogo Village after 8pm till 6am until the conclusion of the case;
   5. You are prohibited to travel out of Viti Levu until the conclusion of the case;
   6. Not to interfere with the Prosecution witness
      

8. Bail granted

S. Thurairaja
Judge

At Lautoka
11th May 2012

Solicitors : Applicant in person
Office of the Director of Public Prosecution for Respondent