The court disposed of a bail application where the first accused was denied bail due to opposition and the role in wielding a weapon, while the other two accused were granted bail subject to strict conditions.
Bail granted to Accused 2 and 3 with conditions; Bail denied to Accused 1 until 10/8/2007.
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 R.BASANT
FRIDAY, THE 3RD AUGUST 2007 / 12TH SRAVANA 1929
Bail Appl..No. 4655 of 2007()
CRIME NO.462/07 OF ERNAKULAM NORTH POLICE STATION
PETITIONER/ACCUSED
BY ADV. SRI.VIJU ABRAHAM
RESPONDENTS: COMPLAINANT
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.JAI GEORGE.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/08/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R. BASANT, J.
-------------------------------------------- B.A. NO. 4655 of 2007
Dated this the 3rd day of August, 2007
ORDER
Application for regular bail. The petitioners are accused 1 to 3. Altogether, there are three accused persons. The crux of the allegations is that on account prior animosity towards the victim – a student, the petitioners on 10/7/07 came and waited in a car near the house of the victim and when the victim was coming to his house, they attacked him. The 1st accused is alleged to have wielded the dangerous weapon – a sword, and caused injuries to the victim. The petitioners were arrested on 11/7/07. They continue in custody from that date.
B.A. NO. 4655 of 2007 -: 2 :-
local polity and the release of the 1st accused on bail, at this early stage, would have deleterious impact on the law and order situation in general and the investigation of this case in particular, submits the learned Public Prosecutor.
(a) The application is allowed in part. The application for bail in so far as the 1st petitioner is dismissed with the observation that the 1st petitioner shall be at liberty to move this Court again for bail at a later stage of the investigation not, at any rate, prior to 10/8/2007. The Investigator shall, in the meantime, make every endeavour to complete the investigation.
(b) The petitioners 2 and 3/accused 2 and 3 shall be released on bail on the following terms and conditions:
(i) The petitioners 2 and 3 shall execute bonds for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate.
(ii) The petitioners 2 and 3 shall make themselves available
B.A. NO. 4655 of 2007 -: 3 :-
for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of 45 days from the date of their release and thereafter as and when
directed by the Investigating Officer in writing to do so.
(iii) The petitioners 2 and 3 shall not enter the jurisdiction of the Ernakulam North Police Station for a period of 45 days from the date of their release, except for the purpose of complying with condition No.(ii) above.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge
DANESH, S/O LUIZ
VIPIN, S/O MICHAEL
SCARIA
COMPLAINANT
STATE OF KERALA
R. BASANT
As recorded by the court registry
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