The Court allowed the bail application for anticipatory bail under Section 438 Cr.P.C. imposed stringent conditions regarding surrender, security deposit, cooperation with investigation, and reporting timelines.
Bail application allowed; petitioner directed to surrender, deposit security, and cooperate with investigation under stringent conditions.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN
FRIDAY, THE 4TH MAY 2007 / 14TH VAISAKHA 1929
Bail Appl..No. 2669 of 2007
------------------------------------------CRIME NO.110/07 OF KUMILY POLICE STATION
PETITIONER/5TH ACCUSED:
MATHEW @ PAPPACHAN, S/O.LATE JOSEPH, AGED 73, KARACKATTU HOUSE, VELLARAMKUNNU P.O., KUMILY.
BY ADV. SRI.RAJU JOSEPH
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KUMILY POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.P.A.SALAM
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/05/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.P.Balachandran, J.
B.A.No. 2669 of 2007
ORDER
This is an application for anticipatory bail filed under Section 438 Cr.P.C.
Crime No.110/07 of Kumily Police Station, registered for offences under Sections 143, 147, 148, 323, 324 and 326 IPC read with Section 149 thereof. According to the petitioner, the fifth
accused Pappachan, mentioned in the FIR, is actually not him, but, he has moved this bail application as the police said that he is the fifth accused in the case. Considering the entire circumstances of the case, I am of the view that anticipatory bail can be granted to the petitioner, a senior citizen, imposing stringent conditions, however, considering the gravity of the offences.
In the result, I allow this bail application and direct that:
BA 2660/07
2
(i) the petitioner do surrender before the learned Magistrate concerned positively within fifteen days from today;
(ii) that on such surrender and on his depositing, by way of cash security, an amount of Rupees ten thousand and executing bail bond for Rupees twenty thousand with two solvent sureties each for like sums to the satisfaction of the learned Magistrate concerned, the petitioner shall be enlarged on bail;
(iii) that on such release the petitioner shall co-operate with the investigation in the case and shall report before the Investigating Officer between 10 a.m. and 11 a.m. on all Tuesdays and Fridays for a period of two months and thereafter on all Tuesdays only, till the investigation in the case is over and final report is laid; and
(iv) that the grant of anticipatory bail shall
not stand in the way of the learned Magistrate
granting custody of the petitioner to the
BA 2660/07 3
Investigating Officer for questioning, if the Investigating Agency so asks for and the learned Magistrate deems it fit to grant, considering the circumstances of the case.
4th May, 2007 (K.P.Balachandran, Judge)
tkv
2 issues framed by the court
Whether anticipatory bail can be granted to the petitioner, a senior citizen accused in offences under Sections 143, 147, 148, 323, 324 and 326 IPC read with Section 149 IPC.
Whether stringent conditions need to be imposed on the grant of anticipatory bail considering the gravity of the offences.
2 provisions across 2 enactments
MATHEW @ PAPPACHAN
STATE OF KERALA
K.P. BALACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
