Allowed

Sunil @ Sunilkumar v. State of Kerala and Another

Kerala HC30 Mar 2011Bail Appl./1845/2011

Case brief

AI extract

What is this about?

The High Court of Kerala granted bail to the petitioner, first accused in a crime under the Kerala Abkari Act. The release was based on the State's failure to file a final report within 60 days of judicial custody, triggering the statutory right to bail under Section 167(2) of the Cr.P.C.

What did the court decide?

Petitioner released on bail on bond for Rs. 5,00,000 with two solvent sureties each for Rs. 5,00,000, subject to conditions regarding reporting, no tampering, and no contact with witnesses.

Sunil @ Sunilkumar Vs State of Kerala and Another — Bail and Remand | 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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WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933

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Bail Appl..No. 1845 of 2011() ----------------------------Crime No. 128 of 2011 of Chavara Police Station, Kollam

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PETITIONER/ACCUSED

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SUNIL @ SUNILKUMAR, S/O. SIVANANDAN, KOCHAYYATHU VEEDU, ADINADU VADAKKUMURI, KULASEKHARAPURAM VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT.

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BY ADV. SRI.P.B.SAHASRANAMAN

SRI.T.S.HARIKUMAR

SRI.K.JAGADEESH

RESPONDENT(S): STATE

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

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THE SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, CHAVARA, KOLLAM DISTRICT.

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PUBLIC PROSECUTOR SRI. C.S. HRITHWIK

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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Bail Application No. 1845 of 2011

DATED: 30-03-2011

O R D E R

Petitioner who is the first accused in Crime No. 128 of 2011

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of Chavara Police Station, Kollam District for offences punishable under Sections 55 (a) and 64 (A) of the Kerala Abkari Act, a seeks his enlargement on bail. Petitioner was arrested on 27-01-2011.

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The learned Public Prosecutor on instructions submitted

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that no final report has been filed even after 60 days of judicial custody of the petitioner. If so, by virtue of the proviso to sec.167 (2) Cr.P.C. the petitioner is entitled to be released on bail as of right.

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Accordingly, the petitioner is directed to be released on bail on his executing a bond for ` 5,00,000/- (Rupees five lakhs 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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1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays till the filing of the final report.

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Bail A.No. 1845 of 2011

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-:2:-

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2. 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.

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3. The petitioner shall make himself available for interrogation as and when required by the police at any time till the filing of the final report.

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4. The petitioner shall not establish any contact with any of the witnesses or accused in the case.

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5. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution.

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6. The petitioner shall not commit any offence while on bail.

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7. The petitioner shall notify his place of residence before executing the bail bond.

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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.

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Dated this the 30^th day of March, 2011.

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Sd/-V.RAMKUMAR, JUDGE

/true copy/

P.S. to Judge

ani

Bail A.No. 1845 of 2011 -:3:-

Sunil @ Sunilkumar v. State of Kerala and Another

Case brief

What is this about?

What did the court decide?

Sunil @ Sunilkumar v. State of Kerala and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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