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Yalayala v State [2012] FJHC 925; HAM20.2012 (8 March 2012)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
MISCELLANEOUS JURISDICTION

CRIMINAL MISC. NO. HAM 020 OF 2012

BETWEEN:

NASONI YALAYALA
Applicant

AND:

STATE
Respondent

Ms. Q. Vokanavanua for the Applicant
Ms. S. Puamau for the State

Date of Hearing : 6th March, 2012.
Date of Ruling : 8th March, 2012.

BAIL RULING

1. This is an application for bail by the wife of the Applicant abovenamed.

2. The Applicant submits following grounds in support of his bail application.

(a) He was arrested in 28/12/2011.

(b) He has 3 young children.

(c) His wife is 9 months pregnant.

(d) To defend his case.

(e) To support his wife and children.

3. State Counsel objects to bail and submits as follows:

(a) The Applicant is accused of serious charges.

(b) His bail application had been rejected earlier by this Court on the 16th January, 2012.

(c) He committed this offence whilst on bail.

(d) Objecting for bail.

4. Section 3(1) of the Bail Act states as follows:

(i) 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.

(ii) Bail may be granted by a court or, subject to Section 8(2), by a police officer.

(iii) There is a presumption in favour of the granting of bail to a person but a person who opposes the granting of bail may seek to rebut the presumption.

5. The Applicant submits his wife is 9 months pregnant and support the fact by an affidavit from his wife.

6. Considering the above fact I enlarge the Applicant on bail subject to following conditions.

(a) Cash bail of $100.

(b) Two sureties to stand for $1000 each (non-cash).

(c) Not to leave Viti Levu until the conclusion of the case.

(d) Passport to be surrendered to the Registry of this Court.

(e) Applicant is prohibited of travelling out of Fiji.

(f) The Applicant to report at the Lautoka Police Station between

9.00am to 6.00pm everyday.

(g) Other conditions set out in the bail bond.

7. Bail allowed.

S. Thurairaja
JUDGE

At Lautoka
8th March, 2012.