Allowed

Mavin Kumar T.M. v. State of Kerala

Kerala HC3 Jun 2011Bail Appl./3430/2011

Case brief

AI extract

What is this about?

The court allowed the bail application of the first accused in a case involving offences under IPC and the Information Technology Act. Relying on Section 167(2) Cr.P.C., the court granted bail after noting the 60-day limit for the final report had elapsed, subjecting the petitioner to standard conditions.

What did the court decide?

Petitioner released on bail on bond of Rs. 35,000 with two solvent sureties, subject to seven specific conditions.

Mavin Kumar T.M. 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 V.RAMKUMAR

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FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933

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Bail Appl..No. 3430 of 2011() -----------------------CRIME NO. 116 OF 2011 OF VANDIPERIYAR POLICE STATION

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PETITIONER/IST ACCUSED

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MAVIN KUMAR.T.M @ MAVIN, S/O.MADHU, THONDIPARAYIL HOUSE, MLAMALA PUTHUVALIL, MLAMALAKARA, MANJUMALA VILLAGE.

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BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN

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RESPONDENT(S): COMPLAINANT

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

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PUBLIC PROSECUTOR SRI. M.R. VENUGOPAL

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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Bail Application No. 3430 of 2011

DATED: 3-6-2011

O R D E R

Petitioner who is the first accused in Crime No. 116 of 2011

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of Vandiperiyar Police Station, Idukki District, for offences punishable under Sections 354, 341, 506 (1), 201 read with Sec. 34 I.P.C. and Secs. 66 (E), 67 (B), (a) & (c ) of Information Technology Act, 2000 seeks his enlargement on bail.

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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

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(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 ` 35,000/- (Rupees thirty 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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1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays till

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Bail A.No. 3430 of 2011

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-:2:-

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the filing of the final report.

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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

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conditions, the bail granted to him 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 June, 2011.

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V.RAMKUMAR, JUDGE

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Bail A.No. 3430 of 2011 -:3:-

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ani

Mavin Kumar T.M. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mavin Kumar T.M. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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