Drugunalevu v State - Bail Ruling [2012] FJHC 1100; HAM47.2012 (10 May 2012)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
MISCELLANEOUS JURISDICTION

CRIMINAL MISCELLANEOUS CASE NO: HAM 47 OF 2012

BETWEEN:

EPI DRUGUNALEVU

AND:

STATE

Counsel : Applicant in person
Ms S Puamau for the Respondent

Date of Hearing : 9th May 2012
Date of Bail : 10th May 2012

BAIL RULING

1. The applicant above named, submitted an application for bail and submitted following grounds in support of his application.
   
   1. He is a 1st offender;
      
   2. He comes from a broken family and lost the love of his father and mother;
      
   100. He need to support his younger brother who are schooling;
        
   4. He is entitled for bail under Section 3 of the Bail act.
      
   5. He doesn't pose a threat to the society.
      
2. The learned State Counsel formally objects for bail and submit that the Accused alleged to have committed an offence of Rape and the victim was a 9 year old girl. Further the Accused and the victim are cousins.
   
3. I consider Section 3(1) of the Bail Act:
   

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

4. Considering the nature of the substantive case, it appears to be serious but the applicant submits that there is no evidence against him other than the involuntary confession. State submits that they are heavily relying on the confession.
   
5. Considering all, especially the period in remand and the nature of the evidence against the Applicant, I inclined to grant bail.
   
6. The Applicant Epi Drugunalevu is granted bail subject to the following conditions:
   
   1. Non cash bail of $2500 (personal bond);
      
   2. Two sureties for the value of $2500 each (non cash);
      
   100. To report to the Tavakubu Police Post on every Monday, Wednesday and Saturday between 8am to 6pm until the conclusion of this case;
        
   4. The Applicant is prohibited to travel out of Viti Levu without the prior permission of the Court;
      
   5. Passport and travel documents should be surrendered of this Court;
      
   6. The applicant should not get close to the victim;
      
   7. Applicant should not make any contact with the victim or her immediate family members;
      
   8. Not to interfere with the Prosecution witness.
      
7. Bail Allowed
   

S. Thurairaja
Judge

At Lautoka
10th May 2012

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