Allowed

Shobha v. State of Kerala

Kerala HC8 Oct 2009Bail Appl./5453/2009

Case brief

AI extract

What is this about?

The single-judge High Court at Ernakulam heard a bail application filed by the third accused in a murder case. Weighing the duration of judicial custody and prior bail grants to co-accused, the court granted bail on stringent conditions, including restricted movement within Thiruvananthapuram and periodic reporting.

What did the court decide?

The petitioner shall be released on a non-bailable bond of Rs. One lakh with two solvent sureties for the like amount, subject to stringent conditions including restricted movement and reporting.

Shobha Vs State of Kerala — Murder and Culpable Homicide | 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 K.T.SANKARAN

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THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931

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Bail Appl..No. 5453 of 2009

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CRIME NO.323 OF 2009 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM.

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PETITIONER/ACCUSED NO.3 --------------------------------------

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SHOBHA, D/O.MEENAKSHY, VALIYA VEETTIL HOUSE, T.C.19/297, F9, NR.CHESHIRE HOME, KURAVANKONAM, PEROORKKADA VILLAGE (CEHENNA NINNATHIL VEEDU, NEAR PALLATHU BHADRAKALI TEMPLE, ELLUVILA DESOM, KARINKULAM VILLAGE, NEYYATTINKARA TALUK.

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BY ADV. SRI.T.B.SHAJIMON SRI.GOVINDU.P.RENUKADEVI

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RESPONDENT: COMPLAINANT

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-------------------------STATE OF KERALA REP. BY INSPECTOR OF POLICE, MUSEUM POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM.

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PUBLIC PROSECUTOR SRI.TEKCHAND

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T.SANKARAN, J.

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B.A. NO. 5453 OF 2009

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-----------------------------------------------------Dated this the 8^th day of October, 2009

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O R D E R

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This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the third accused in Crime No.323 of 2009 of Museum Police Station, Thiruvananthapuram.

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The offences alleged against the accused persons are under Sections 143, 147, 148, 149, 109, 120B, 201 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

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It would appear that this case arose out of rivalry between two groups of goondas operating in and around Trivandrum city. One Thampan @ Sreekumar, who was the brother of Keppan Ani, the first accused in the present case, was allegedly murdered by a goonda group. One Althara Binish was the first accused in the case of murder of Thampan @ Sreekumar.

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The prosecution case is that to take revenge on the assailants in the case of the murder of Thampan @ Sreekumar, the

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B.A. NO. 5453 OF 2009

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:: 2 ::

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accused persons in the present case committed murder of Althara Binish on 01.06.2009 at 2.15 PM in the heart of Trivandrum city.

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The petitioner was arrested on 5.6.2009. After completing investigation, charge sheet was filed on 29.8.2009. Now the case is pending before the Judicial Magistrate of the First Class III, Thiruvananthapuram as C.P.No.41 of 2009.

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As per the order dated 16.9.2009 in B.A.No.5109 of 2009, this court granted bail to accused Nos.2 and 11. Learned counsel for the petitioner submitted that as per the order dated 23.9.2009 in Crl.M.C.No.1453 of 2009, on the file of the Sessions Court, Thiruvananthapuram, bail was granted to accused Nos.4, 5 and 8.

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Learned Public Prosecutor opposed the Bail Application. Learned Public Prosecutor submitted that the petitioner is involved in three other cases. It is also submitted that the petitioner is undergoing detention under the Kerala Anti Social Activities Prevention Act from 17.8.2009 onwards.

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Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner

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B.A. NO. 5453 OF 2009

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:: 3 ::

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and the fact that charge was laid in the case, I am of the view that bail can be granted to the petitioner on stringent conditions.

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The petitioner shall be released on bail on her executing

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bond for Rupees One lakh with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – III, Thiruvananthapuram, subject to the following conditions:

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a) The petitioner shall not enter into any part of Thiruvananthapuram District until further orders except for appearing before court in C.P.No.41 of 2009 pending before the Judicial Magistrate of the First Class – III, Thiruvananthapuram;

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b) The petitioner shall furnish her full address in which she is residing and telephone number to the Commissioner of Police, Thiruvananthapuram;

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c) The petitioner shall report before the District Superintendent of Police, Kollam on every Monday, Wendesday and Friday between 9 A.M. and 11 A.M. until further orders. On such reporting on the days mentioned above, the District Superintendent of Police, Kollam shall give the necessary information to the Commissioner of Police, Thiruvananthapuram on the respective dates themselves;

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d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence;

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e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail;

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B.A. NO. 5453 OF 2009

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:: 4 ::

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e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.

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The Bail Application is allowed as above.

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The petitioner shall be released from jail only if her detention is

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not required in connection with any other case.

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(K.T.SANKARAN) Judge

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ahz/

Shobha v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shobha v. State of Kerala

Case brief

What is this about?

What did the court decide?

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