The Kerala High Court rejected a bail application filed by T.K. Sakeer accused of offences under Sections 489-B and 489-C IPC. The Court held that granting bail would influence prosecution witnesses and allow the petitioner to flee justice.
Bail application dismissed; petitioner not released on bail.
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
THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930
Bail Appl..No. 1295 of 2009()
CRIME NO. 76/2009 of TALIPARAMBA POLICE STATION
PETITIONER/ACCUSED:-
T.K.SAKEER, S/O.MUHAMMED,
THUNTHAKACHI KANNOOKKARAN HOUSE, IRINGAL, PARIYARAM, TALIPARAMBA THALUK.
BY ADV. MR. O.V.MANIPRASAD
RESPONDENTS/COMPLAINANT:-
[THE DEPUTY SUPERINTENDENT OF POLICE, CBCID, COUNTERFEIT SQUAD, KOZHIKODE, (CRIME NO.76/2009 OF TALIPARAMBA POLICE STATION)] REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
===================== B.A. No. 1295 of 2009
====================== Dated, this the 19th day of March, 2009.
ORDER
Petitioner who is the accused in Crime No.76 of 2009 of
Taliparamba Police Station for offences punishable under Sections 489-B and 489-C, seeks his enlargement on bail. The occurrence took place on 06.02.2009. The petitioner was arrested on 06.02.2009.
legal injury sustained by the injured, the relatively short duration of the judicial custody undergone by the petitioner, the present stage of investigation and the other facts and circumstances of the case, I am satisfied that if the petitioner is released on bail, he will definitely influence and intimidate the prosecution witnesses. There is also the likelihood of the petitioner making himself scarce and fleeing from justice. I am, therefore, not inclined to grant bail to the petitioner at this stage.
This petition is accordingly dismissed.
Dated this the 19th day of March, 2009.
V. RAMKUMAR, JUDGE.
rv
1 issue framed by the court
Whether bail should be granted to the accused in offences under Sections 489-B and 489-C IPC given the risk of influencing witnesses and fleeing.
1 provisions across 1 enactments
T.K. Sakeer
The State of Kerala
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
