The Kerala High Court granted bail to the accused in a case involving cheating and criminal conspiracy, directing release on a bond with two sureties subject to specific conditions regarding district travel and witness contact.
Petitioner released on bail on a bond of Rupees fifteen thousand with two solvent sureties each for the like amount.
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 WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932
Bail Appl..No. 1569 of 2011() ----------------------------------------CRIME NO.1597/2010 OF ERAVIPURAM POLICE STATION, KOLLAM DISTRICT ---------------------------------
PETITIONER/ACCUSED NO.5 ------------------------------------------ARUN PRASAD, AGED 28 YEARS, S/O.SIVA PRASAD, 'DHANYA', IN FRONT OF KANICHERY SCHOOL, THAZHUTHALA CHERRY, MAYANAD VILLAGE.
BY ADV. SRI.P.B.SURESH KUMAR SRI. LEO GEORGE
RESPONDENT(S): STATE ------------------------------------STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.KOCHI-31
BY PUBLIC PROSECUTOR SRI. C.K. SURESH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
V.RAMKUMAR, J.
Bail Application No.1569 of 2011
Dated this the 9th day of March, 2011
ORDER
In this Petition filed under Section 439 Cr.P.C., the petitioner, who is accused No.5 in Crime No.1597 of 2010 of Eravipuram Police Station for offences punishable under Sections 406, 417, 420, 468 & 120(B) read with Section 34 I.P.C. and Section 66 of Information Technology Act, seeks his enlargement on bail. The petitioner was arrested on 20/12/2010.
1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays.
2. Except for the purpose of complying with Condition No.1, the petitioner shall not enter the limits of Kollam and Thiruvananthapuram Districts until the final report is filed.
Bail Appln.No.1569/2011
: 2 :
3. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person who is acquainted with the facts of the case so as to dissuade him or her from disclosing any information to the court or to the police.
4. The petitioner shall not establish any contact with any of the witnesses or accused in the case.
5. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution.
6. The petitioner shall not commit any offence while on bail.
7. The petitioner shall notify his place of residence before executing the bail bond.
If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled.
This application is allowed as above.
Dated this the 9th day of March, 2011.
V.RAMKUMAR, JUDGE.
skj
1 issue framed by the court
Whether bail should be granted to the accused under Section 439 Cr.P.C. considering the nature of offences and stage of investigation.
3 provisions across 3 enactments
Arun Prasad
State of Kerala
V.Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
