Partly allowed

Nishad v. State of Kerala

Kerala HC24 Aug 2009Bail Appl./4756/2009

Case brief

AI extract

What is this about?

The Kerala High Court granted bail to a first accused convicted under Sections 494, 420, and 376 IPC, finding further detention unnecessary despite the absence of a probation report.

What did the court decide?

Bail granted on executing bond for Rs.15,000 with two solvent sureties for like sum, subject to specific conditions regarding appearance, passport, and investigation interference.

Nishad Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR

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MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931

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Bail Appl..No. 4756 of 2009()

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---------------------------------------CRIME NO.499/2009 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM. .................

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PETITIONER/IST ACCUSED

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-------------------------------------NISHAD, S/O.ABDUL SALAM, TC 8/1497(7), THIRUMALA, THIRUVANANTHAPURAM.

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BY ADV. MR.SUMAN CHAKRAVARTHY

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RESPONDENT/COMPLAINANT

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--------------------------------------------

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STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR MR.M.S BREEZ.

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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M.SASIDHARAN NAMBIAR,J.

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B.A.NO.4756 OF 2009

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Dated 24^th August 2009

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O R D E R

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Petitioner is the first accused in crime

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No.499/2009 of Medical College police station, Thiruvananthapuram registered for the offences under Sections 494, 420, 376 read with Section 34 of Indian Penal Code. Petitioner was arrested on 27/7/2009 and since then he is in custody.

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Learned counsel appearing for petitioner and learned Public Prosecutor were heard.

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Considering the nature of the offence and the period of detention, I find it not necessary to detain the petitioner further. On conditions bail could be granted.

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Petitioner is granted bail on executing bond for Rs.15,000/- with two solvent sureties for the like sum to the satisfaction of Additional Chief Judicial Magistrate, Thiruvananthapuram on the following conditions.

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Petitioner shall appear before the

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BA 4756/09

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Investigating Officer on every Saturday between 10 and 11 a.m for one month and thereafter as and when required by the investigating officer.

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Petitioner shall surrender his passport before the Magistrate and shall not leave India without the permission of the Magistrate.

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Petitioner shall not induce, threaten or influence any witness from revealing the facts known to them to the investigating officer.

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Petitioner shall not interfere with the

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investigation.

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M.SASIDHARAN NAMBIAR, JUDGE.

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uj.

Nishad v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nishad v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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