Allowed

Akru @ Vipin v. State of Kerala

Kerala HC11 Mar 2011Bail Appl./1727/2011

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by five accused persons charged with offences under various sections of the IPC including criminal conspiracy and murder. The court directed the release of specific petitioners on a future date upon execution of a bond.

What did the court decide?

Petitioners 1-3 released on bail w.e.f. 14.03.2011; A5 and A6 on 17.03.2011 and 18.03.2011 respectively on execution of bond with two sureties.

Akru @ Vipin Vs State of Kerala — Cheating and Forgery | 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 FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932

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Bail Appl..No. 1727 of 2011()

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(CRIME O.933/2010 OF VIYYUR POLICE STATION, THRISSUR DISTRICT)

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APPLICANTS/ACCUSED NOS.1, 2, 3, 5 & 6

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1. AKRU @ VIPIN, S/O.WILSON, KAVUNGAL HOUSE, ATTORE DESOM, KUTTUR VILLAGE.

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2. MUJU @ SUMESH, S/O.SUKUMARAN, PERINTATTU HOUSE, KUTTUR VILLAGE, DESOM.

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3. PRASAD, S/O.CHANDRAN, PALAKKAL HOUSE, PARAPPUR DESOM, THOLUR VILLAGE.

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4. AYYAPPAN, S/O.ARAVINDAKSHAN, NADUVILPURAKKAL HOUSE, CHAMAKKAD, KUTTOOR, THRISSUR.

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5. SANAL @ SHANIL, S/O.AYYAPPAN, NADUVILPURAKKAL HOUSE, CHAMAKKAD, KUTTOOR, THRISSUR.

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BY ADVS. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.M.REVIKRISHNAN SRI.VIPIN NARAYAN

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RESPONDENT/COMPLAINANT

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. REPRESENTING THE C.I. OF POLICE, THRISSUR WEST POLICE STATION.

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BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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

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Bail Application No.1727 of 2011

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- - - - - - - - - - - - - - - - DATE: 11.03 2011 O R D E R

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In this Petition filed under Sec. 439 Cr.P.C., the petitioners, who are respectively accused Nos.1,2,3,5 and 6 in Crime No.933/2010 of Viyyur Police Station for offences punishable under Secs.120B,109,341,302,202 and 212 read with 34 I.P.C., seek their enlargement on bail. Petitioners 1 to 3 were arrested on 28.12.2010 and petitioners 5 and 6 on 31.01.2011 and 01.02.2011 respectively.

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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 offences, 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 only on a future date. Accordingly, the petitioners 1 to 3 are directed to be released on bail w.e.f 14.03.2011 and A5 and A6 w.e.f. 17.03.2011 and 18.03.2011 respectively on each of them executing a bond for `25,000/- (Rupees twenty five 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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B.A. No.1727/ 2011

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

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2. Except for the purpose of complying with Condition No.1, the petitioner shall not enter the limits of Thrissur district until the final report is filed.

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3. The petitioners 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 or to any other person in authority.

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

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5. The petitioners shall not establish any contact with any of the witnesses or accused in the case.

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

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

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8. The petitioners shall notify to the Court their place of residence before executing the bail bond.

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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 11^th day of March, 2011.

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V.RAMKUMAR, JUDGE.

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Akru @ Vipin v. State of Kerala

Case brief

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Akru @ Vipin v. State of Kerala

Case brief

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