The court allowed an application for regular bail in a case involving offences under Sections 308 and 324 of the IPC. The petitioner surrendered and the court imposed surety and restriction conditions upon release.
Petitioner released on bail via bond of Rs.50,000 with two sureties, subject to attendance and movement restrictions.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT
THURSDAY, THE 18TH OCTOBER 2007 / 26TH ASWINA 1929
Bail Appl..No. 6261 of 2007()
CR.NO.664/07 OF KODUNGALLURE POLICE STATION
PETITIONER/1ST ACCUSED
PRIYAN, S/O.CHANDRAN, NADUMANI HOUSE, EDAVILANGE, KODUNGALLUR.
BY ADV. SRI.P.K.ANIL
RESPONDENTS: COMPLAINANT & STATE
BY PUBLIC PROSECUTOR SRI.JAI GEORGE.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/10/2007, THE COURT ON 18/10/2007 PASSED THE FOLLOWING:
R. BASANT, J.
-------------------------------------------- B.A. NO. 6261 of 2007
Dated this the 18th day of October, 2007
ORDER
Application for regular bail. The petitioner faces allegations for the offences punishable under Secs.308 and 324 of the IPC. Political animosity is the alleged motive. The alleged incident took place on 8/8/07. The petitioner had earlier come to this Court with an application for anticipatory bail. That application was dismissed as per the order dated 17/9/07 in B.A.No.5568/07. Thereafter, the petitioner surrendered before the learned Magistrate on 1/10/07. He continues in custody from that date. After taking instructions, it is submitted that the petitioner was given over to the police custody for a short period of time and he is now continuing in judicial custody.
B.A. NO. 6261 of 2007 -: 2 :-
and I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions.
(a) The application is allowed.
(b) The petitioner shall be released on bail on the following terms and conditions:
(i) The petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate.
(ii) The petitioner shall make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months
and thereafter as and when directed by the Investigating Officer in writing to do so.
(iii) The petitioner shall not, during the said period of two months, enter the jurisdiction of the Kodungallur Police Station without the prior permission of the learned Magistrate except for the purpose of complying with Condition No.(ii) above.
(R. BASANT, JUDGE)
Nan/
B.A. NO. 6261 of 2007 -: 3 :-
1 issue framed by the court
Whether the petitioner can be enlarged on regular bail after citing the dismissal of anticipatory bail application and surrender before Magistrate.
1 provisions across 1 enactments
PRIYAN
THE SUB INSPECTOR OF POLICE, KODUNGALLUR POLICE STATION
STATE
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
