High Court of Kerala allowed bail application of four petitioners facing non-bailable charge of criminal intimidation under IPC 308, subject to investigation completion and specific conditions.
Petitioners enlarged on bail with bonds of Rs.50,000 each, sureties, interrogation commitments, and jurisdiction restrictions pending investigation completion.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT
TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929
Bail Appl..No. 1204 of 2008()
----------------------------CRMP.675/2008 of J.M.F.C.,KUNNAMKULAM CRIME 81/08 OF VADAKKEKAD POLICE STATION
PETITIONERS
BY ADV. SMT.K.S.SAIRA
RESPONDENTS:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R. BASANT, J.
B.A. No. 1204 OF 2008 A
Dated this the 4th day of March, 2008
O R D E R
Application for regular bail. Petitioners face allegations in a crime registered for offences punishable, inter alia, under section 308 IPC. All other offences are bailable. The alleged incident took place on 7.2.08. The petitioners (A1 and A2) were arrested on 7.2.08 and the others (A3 and A4) were arrested on 8.2.08. They continue in custody from that date. On account of prior animosity towards the de facto complainant, a Panchayat member, the petitioners had allegedly attacked him with sword and iron rod. Investigation is not complete.
BA.1204/08
: 2 :
safeguards are insisted in the interests of law and order situation in the locality and I am satisfied that the petitioners can now be directed to be released on bail subject to appropriate conditions.
i) The petitioners shall not be released on bail on the strength of this order prior to 11.3.08. The investigating officer shall, in the meantime, make every endeavour to complete the investigation.
ii) The petitioners shall execute bonds for Rs.50,000/(Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate.
iii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of three
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months from the date of their release and thereafter as and when directed by the investigating officer in writing to do so.
iv) During the said period of three months, the petitioners shall not enter the jurisdiction of Vadakkekad police station without the prior permission of the learned Magistrate except for the purpose of complying with condition No.(iii) above.
(R.BASANT, JUDGE)
aks
1 issue framed by the court
Whether bail can be granted in a non-bailable offence of criminal intimidation pending investigation.
1 provisions across 1 enactments
SURESH
MUJEEB
KUNJUMOHAMMED
SAIFUDHEEN
STATE OF KERALA
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
