Allowed

Sadik v. State of Kerala

Kerala HC10 May 2011Bail Appl./3095/2011

Case brief

AI extract

What is this about?

Single judge bail application where petitioner accused No.18 was granted bail subject to conditions including bond execution, appearance before investigation officer, passport production, and abiding by location restrictions.

What did the court decide?

Bail granted to accused from 16.05.2011 subject to conditions including bond execution, appearing before IO, passport production, and adherence to location restrictions.

Sadik Vs State of Kerala — 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 N.K.BALAKRISHNAN

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TUESDAY, THE 10TH MAY 2011 / 20TH VAISAKHA 1933

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Bail Appl..No. 3095 of 2011()

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(CRIME NO.346/2011 OF NORTH PARAVUR POLICE STATION, ERNAKULAM DISTRICT)

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PETITIONER/ACCUSED NO.18

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SADIK, S/O.KOCHU, AGED 35 YEARS, PAINADATH VEED, PURAYAR KARA, CHENGAMANAD VILLAGE.

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BY ADV. SRI.S.RAJEEV

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RESPONDENT(S): COMPLAINANT

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STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.346/2011 OF NORTH PARAVUR POLICE STATION, ERNAKULAM DISTRICT).

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BY PUBLIC PROSECUTOR SMT.LATHA K. THANKAPPAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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svs

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N.K.BALAKRISHNAN, J.

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BA No.3095 of 2011

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Dated this the 10^th day of May 2011

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Order

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This is a petition filed under Section 439 of the Criminal Procedure Code, seeking bail.

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The petitioner is accused No.18 in Crime

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No.346/11 of North Paravur Police Station for the offences punishable under Ss.366-A, 354, 376(ii)(g), 506(I), 342 and 202 r/w 34 IPC. The allegation is that the accused forced a minor girl to have sexual intercourse with several persons and taken to different places. The accused has been in judicial custody from 24.03.2011. Considering the period of incarceration already undergone by the accused and the unlikelyhood of trial concluding in the near future and in view of the submission made on behalf of the accused that he will abide by any condition that may be imposed on him, the accused is granted bail with effect from 16.05.2011, subject to

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BA 3095/11

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the following conditions:

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The accused shall execute a bond for Rs.2,00,000/(Rupees Two Lakhs only) with two solvent sureties each for the like sum to the satisfaction of JFCM-I, North Paravur. If in case the learned Magistrate has doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. 2. The accused shall make himself available for interrogation by the investigating officer and he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM for a period of three months from today.

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The accused shall produce his original passports before the learned Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the learned Magistrate .

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BA 3095/11 3

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The accused will also file an affidavit that he will abide by all the conditions mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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The accused and the sureties shall not leave the jurisdiction of the JFCM-1, Sasthamcotta without the prior permission of the learned learned Magistrate .

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The learned learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity card/Driving licence etc.

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Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number.

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BA 3095/11 4

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The petitioner shall not shift their residence without intimating the Investigating Officer and the learned learned Magistrate.

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N.K.Balakrishnan, Judge

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sta

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BA 3095/11 5

Sadik v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sadik v. State of Kerala

Case brief

What is this about?

What did the court decide?

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