The Kerala High Court granted bail to the second accused in a criminal case involving offences under the IPC and Explosive Substances Act, as the final report had not been filed, making him entitled to bail as of right under Cr.P.C. Sec. 167(1).
Released on bail for Rs. 20,000 with two solvent sureties for Rs. 20,000 each, subject to standard bail conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
TUESDAY, THE 5TH DECEMBER 2006 / 14TH AGRAHAYANA 1928
Bail Appl..No. 7045 of 2006() ----------------------------.................... CRIME NO.771/05 OF KAZHAKKUTTAM POLICE STATION
PETITIONER/2ND ACCUSED (PARTY IN CUSTODY)
LAL, S/O. THANKAPPAN, MULLUVILA VEEDU, CHIDAMBARAVILAKOM, AMBALATHINKARA, KAZHAKKUTTAM P.O., THIRUVANANTHAPURAM.
BY ADV. SRI.M.SREEKUMAR
RESPONDENT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SHRI JAI GEORGE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
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BAIL APPLICATION NO. 7045 OF 2006
- - - - - - - - - ----------------------- - - - - - - DATED THIS THE 5TH DAY OF DECEMBER, 2006
O R D E R
Petitioner, who is the 2nd accused in Crime No.771/05 of Kazhakkuttam Police Station for offences punishable under sections 143, 147, 148, and 307 read with section 149 IPC and sections 3 and 4 of the Explosive Substances Act, seeks bail. The petitioner surrendered before the court on 29.9.2006 and was remanded to custody on that day.
Ba/7045/06
2
If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled.
This application is allowed as above.
dsn
V.RAMKUMAR, JUDGE.
1 issue framed by the court
Whether the petitioner is entitled to bail as of right when the final report has not been submitted.
3 provisions across 3 enactments
Lal, S/O. Thankappan
State of Kerala
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
V. Ramkumar
Parties & counsel
