Allowed

Thomas Issac and Others v. the State of Kerala

Kerala HC3 Mar 2011Bail Appl./1549/2011

Case brief

AI extract

What is this about?

The High Court of Kerala granted bail to four accused persons charged with culpable homicide not amounting to murder. The court considered the nature of the offence, custody duration, and investigation stage before ordering release on bond with conditions.

What did the court decide?

Release on bail on execution of bond for Rs. 15,000 with two solvent sureties each for the same amount.

Thomas Issac and Others Vs the State of Kerala — Murder and Culpable Homicide | Kerala HC (2011)

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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 V.RAMKUMAR

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THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932

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Bail Appl..No. 1549 of 2011()

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--------------------------------------CRMP.515/2011 of DISTRICT COURT, KALPETTA CRIME NO.43/2011 OF PULPALLY POLICE STATION, WAYANAD DISTRICT

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PETITIONERS/IST TO 4TH ACCUSED -----------------------------------------------

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1. THOMAS ISSAC,S/O.ISSAC,PANDIYATH HOUSE, BHOODHANAM COLONY, PULAPALLY,WAYANAD DISTRICT.

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2. CHACKO,S/O.CHACKO,APPOZHIPARAMBIL HOUSE, MRAPPANMOOLA, PULAPALLY AMSOM, WAYANAD DISTRICT.

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3. SINDHU THOMAS,W/O.THOMAS, PANDIYATH HOUSE,BHOODHANAM COLONY, PULAPALLY,WAYANAD DISTRICT.

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4. THANKACHAN @ SHYJU,S/O.CHACKO, APPOZHIPARAMBIL HOUSE,MRAPPANMOOLA, PULAPALLY AMSOM,WAYANAD DISTRICT.

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BY ADV. SRI.S.M.PRASANTH

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RESPONDENT(S): COMPLAINANT

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

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

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BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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tss

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V.RAMKUMAR, J.

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Bail Application No.1549 of 2011

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----------------------------------------------------Dated this the 3^rd day of March, 2011

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ORDER

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In this Petition filed under Section 439 Cr.P.C., the petitioners, who are accused Nos.1 to 4 in Crime No.43 of 2011 of Pulpally Police Station for an offence punishable under Section 304 read with Section 34 I.P.C., seek their enlargement on bail. The petitioners 1 to 3 (A1 to A3) were arrested on 29/01/2011 and 4^th petitioner (A4) surrendered on 31/01/2011.

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I heard the learned counsel for the petitioners and the learned Public Prosecutor.

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Having regard to the nature of the offence, the duration of judicial custody undergone by the petitioners, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the petitioners. Accordingly, the petitioners are directed to be released on bail on each of them executing a bond for `15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:-

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Bail Appln.No.1549/2011

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: 2 :

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1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays.

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2. The petitioners shall make themselves available for interrogation as and when required by the police at any time till the filing of the final report.

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3. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution.

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4. The petitioners shall not commit any offence while on bail.

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If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled.

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This application is allowed as above.

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Dated this the 3^rd day of March, 2011.

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V.RAMKUMAR, JUDGE.

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skj

Thomas Issac and Others v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Thomas Issac and Others v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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