The court allowed a bail application under section 167(1) Cr.P.C. due to delayed charge-sheet. The court also granted temporary permission for the petitioner to leave prison to attend an arranged marriage before reporting back.
Petitioner released on bail with bond; temporary leave granted to attend marriage on specified dates.
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 12TH DECEMBER 2006 / 21ST AGRAHAYANA 1928 Bail Appl..No. 7105 of 2006() ----------------------------CMP.3919/2006 of ADDL.C.J.M.,TRIVANDRUM (ORDER) CRIME NO.73/06 OF MEDICAL COLLEGE POLICE STATION, TRIVANDRUM. ....................
PETITIONER/1ST ACCUSED (PARTY IN CUSTODY)
------------------------------------------------------KRISHNAKUMAR, S/O.KRISHNANKUTTY, SUDARSANA BHAVAN, ATTIPRA VILLAGE, KAZHAKKUTTAM, THIRUVANANTHAPURAM.
BY ADV. SRI.M.SREEKUMAR
RESPONDENTS: STATE: --------------------------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 12/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
- - - - - - - - - - - - - - - - -
BAIL APPLICATION NO.7105 OF 2006
- - - - - - - - - ----------------------- - - - - - -
DATED THIS THE 12TH DAY OF DECEMBER, 2006
O R D E R
Petitioner who is the 1st accused in Crime No.73/06 of Medical College Police Station, Thiruvananthapuram for offences punishable under sections 143, 147 and 148 read with section 3 and 5 of the Explosive Substances Act and section 27 of the Arms Act,seeks his enlargement on bail. Even though the petitioner was arrested in connection with some other crimes, arrest in this case was recorded on 13.10.2006.
BA.7105/06
Page numbers
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.
V.RAMKUMAR, JUDGE.
dsn
BA.7105/06
Page numbers
V.RAMKUMAR, J.
B.A.Nos. 7105/06 and 7109/06
DATED THIS THE 8TH DAY OF DECEMBER, 2006
I N T E R I M O R D E R
The common petitioner is the first accused in Crime No.73/06 of Medical College Police Station, Thiruvananthapuram and 20/06 of of Kazhakkuttam Police Station, for various offences. When these bail applications came up for further hearing, counsel for the petitioner submitted that since the petitioner is getting married on 15.12.2006 with his own uncle's daughter and since the said marriage was fixed months ago, the petitioner may be granted temporary permission to attend the marriage and report back in the prison. I am inclined to grant the said prayer.
Post on 18.12.2006.
V.RAMKUMAR, JUDGE
dsn
2 issues framed by the court
Whether the petitioner is entitled to bail as of right under the proviso to section 167(1) Cr.P.C.
Whether to grant temporary leave to the petitioner to attend his marriage
1 provisions across 1 enactments
KRISHNAKUMAR
STATE OF KERALA
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
