A bail application filed by accused No.15 was allowed. Relying on the proviso to Section 167(2) CrPC due to non-filing of final report beyond 60 days in judicial custody, the petitioner was granted bail subject to stringent conditions.
Petitioner directed to be released on bail by executing a bond for `25,000/- with two solvent sureties 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
TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933
Bail Appl..No. 3914 of 2011() ----------------------------CRIME NO.346/2011 OF NORTH PARAVUR POLICE STATION AGAINST THE JUDGEMENT/ORDER IN BA.3077/2011
PETITIONER/ACCUSED NO.15 -----------------------------------
JESSEY MOL, AGED 36 YEARS, W/O.SHAJI MON, DOOR NO.20, GOKULAM COLONY EXTENSION, COIMBATORE-42.
BY ADV. SRI.SANIL KUMAR
RESPONDENT(S): COMPLAINANT --------------------------
STATE OF KERALA, REP.BY C.I.OF POLICE, NORTH PARAVUR IN CRIME NO.346/2011, PARAVUR POLICE STATION, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI.M.R.VENUGOPAL
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
Bail Application No.3914 of 2011
-------------------------------
DATED: 07.06.2011
O R D E R
Petitioner, who is the accused in Crime No.346 of 2011 of North Paravur Police Station, for offences punishable under Sections 366A, 354, 376(2)(g), 506(1),342 and 202 IPC, seeks her enlargement on bail.
1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays until the final report is filed.
Bail A.No.3914 of 2011
-:2:-
2. Except for the purpose of complying with Condition No.1, the petitioner shall not enter the limits of North Paravur Police Station until further orders to be passed by the court concerned.
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 or to any other person in authority.
4. The petitioner shall make herself available for interrogation as and when required by the Investigating Officer at any time till the filing of the final report.
5. The petitioner shall not establish any contact with any of the witnesses or accused in the case.
6. The petitioner shall not influence or intimidate the prosecution witnesses or the victims nor shall she attempt to tamper with the evidence for the prosecution.
7. The petitioner shall not commit any offence while on bail.
8. The petitioner shall notify to the Court her place of residence before executing the bail bond.
If the petitioner commits breach of any of the above
conditions, the bail granted to her shall be liable to be cancelled.
This application is allowed as above.
Dated this the 7th day of June, 2011.
V.RAMKUMAR, JUDGE
sj
Bail A.No.3914 of 2011 -:3:-
1 issue framed by the court
Whether the petitioner is entitled to be released on bail as of right due to failure to file final report after 60 days of custody.
1 provisions across 1 enactments
JESSEY MOL
STATE OF KERALA
V.RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
