Allowed

Babu Varghese v. State of Kerala

Kerala HC11 Dec 2006Bail Appl./6989/2006

Case brief

AI extract

What is this about?

The court allowed a bail application for accused Nos. 11 and 8 in an NDPS and murder trial. Despite prosecution opposition, the judge held continued detention was unreasonable and ordered release on bond subject to standard conditions regarding witness intimidation and appearance.

What did the court decide?

Release of petitioners on bail on executing a bond of Rs. 25,000 with two solvent sureties each.

Babu Varghese Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2006)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 11TH DECEMBER 2006 / 20TH AGRAHAYANA 1928 Bail Appl..No. 6989 of 2006() ----------------------------CMA.19/2004 of SUB COURT, SULTHAN BATHERY ....................

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PETITIONER/ACCUSED NO.11:

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BABU VARGHESE, AGED 56, S/O. MATHEW VARGHESE, PLOT NO.41, WOOD LAND APPARTMENT, JAGATHY, THIRUVANANTHAPURAM (FROM KAKODIKUZHIYIL HOUSE, PONGUMMOODU P.O., TRIVANDRUM-695 011).

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BY ADV. SRI.B.RAMAN PILLAI SRI.GEORGE PHILIP SRI.R.ANIL SRI.RAJU RADHAKRISHNAN SRI.ANIL K.MOHAMMED SRI.DELVIN JACOB MATHEWS

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RESPONDENTS: COMPLAINANT:

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STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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BY DIRECTOR GENERAL OF PROSECUTION SRI. P.G. THAMBI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/12/2006, ALONG WITH B.A. 7239/06 THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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*** * * * * * * * * * * * * * * * * * Bail Application Nos. 6989/06 & 7239/06 * * * * * * * * * * * * * * * * * * Dated, this the 11**^th day of December 2006

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ORDER

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Petitioners who are accused Nos. 11 and 8 respectively in Crime No. 47/06 of CBCID, Kozhikode (originally registered as Crime No. 55/06 of Thamarassery Police Station) for offences punishable under Secs. 143, 147, 148, 341, 363, 307 and 302 read with Sec. 149 I.P.C., seek bail. The occurrence took place on 11-2-2006 and ever since then they have been in judicial custody. Petitioners were arrested on 24-4-2006. In the case of A11, there was a gap of two weeks during which A11 was enlarged on bail until it was cancelled. The occurrence took place on 11-2-2006.

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Even though Sri. P.G. Thambi, the learned Director General of Prosecutions, opposed these applications, I do not think that the continued detention of the petitioners is called for. The petitioners have been in judicial custody for an unreasonably long period. If, ultimately, they are found guilty, they definitely deserve condign punishment for their alleged involvement. Now the only question relevant is whether both the petitioners will be available for trial and whether while on bail they will influence or intimidate the

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B.A. Nos.6989/06 & 7239/06

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prosecution witnesses. Those apprehensions of the prosecution can be taken care of by imposing appropriate conditions. Accordingly, the petitioners are directed to be released on bail on each of them executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of

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the Addl. Sessions Court (Special Court for N.D.P.S. Cases, Vadakara), and subject to the following conditions:

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i) The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution.

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ii) The petitioners shall not commit any offence while on bail.

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iii) The petitioners shall appear before the trial court on all the postings of the case without fail.

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iv) The petitioners shall leave the territory of the State of Kerala without the previous written permission of the trial court.

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If the petitioners commit breach of any of the above conditions,

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the bail granted to them shall liable to be cancelled.

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These applications are accordingly allowed.

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Sd/V. RAMKUMAR, (JUDGE)

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ani.

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B.A. Nos.6989/06 & 7239/06

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Babu Varghese v. State of Kerala

Case brief

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Babu Varghese v. State of Kerala

Case brief

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