Allowed

Shemia @ Rani v. the Asst. Commissioner, Dist. Special Br

Kerala HC30 May 2011Bail Appl./3915/2011

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner, accused No.3 in an impeachment trial on Indian Penal Code and immigration terms. The court ordered release effective June 15, 2011, subject to standard conditions including reporting to police and surrendering passports.

What did the court decide?

Petitioner released on bail with effect from 15/06/2011 upon executing a bond with two sureties and complying with specified conditions.

Shemia @ Rani Vs the Asst. Commissioner, Dist. Special Br — 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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MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933

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Bail Appl..No. 3915 of 2011() ----------------------------CMP.450/2011 of DISTRICT COURT, PATHANAMTHITTA CRIME NO.638/2007 OF PATHANAMTHITTA POLICE STATION

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PETITIONER: ACCUSED NO.3

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SHEMIA @ RANI, AGED 28 YEARS, D/O.SOUDA SHEENA MANZIL, KULASEKHARAPATHI, PATHANAMTHITTA.P.O, KOZHENCHERY TALUK PATHANAMTHITTA DISTRICT.

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BY ADV. SRI.V.SETHUNATH

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SRI.PRAKASH KESAVAN

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RESPONDENTS: COMPLAINANT/STATE

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THE ASSISTANT COMMISSIONER OF POLICE, DISTRICT SPECIAL BRANCH, KOLLAM -679 001.

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THE CIRCLE INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION - 684 845.

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

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PUBLIC PROSECUTOR SRI.C.S.HRITHWIK

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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Bail Application No.3915 of 2011

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

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ORDER

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In this Petition filed under Section 439 Cr.P.C., the petitioner, who is accused No.3 in Crime No.638 of 2007 of Pathanamthitta Police Station for offences punishable under Sections 366 & 376 I.P.C. and Sections 10, 24(b), (f) & (g) of Immigration Act, seeks her enlargement on bail. The petitioner was arrested on 01/05/2011.

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I heard the learned counsel for the petitioner 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 petitioner, the present stage of investigation of the case, the presumption of innocence until found guilty after trial and the other circumstances of the case etc., I am inclined to grant bail to the petitioner but only from a future date. Accordingly, the petitioner is directed to be released on bail with effect from 15/06/2011 on her executing a bond for `15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like

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B.A.No.3915/ 2011

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-:2:-

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amount to the satisfaction of the court concerned and subject to the following conditions:-

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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.

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Except for the purpose of complying with Condition No.1, the petitioner shall not enter the limits of Pathanamthitta Police Station until further orders to be passed by the court concerned.

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The petitioner shall surrender her passport, if any, before executing the bail bond. In case, the petitioner is not the holder of a passport she shall file an affidavit to that effect.

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

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

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

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The petitioner shall not commit any offence while on bail.

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

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B.A.No.3915/ 2011

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-:2:-

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If the petitioner commits breach of any of the above conditions, the bail granted to her shall be liable to be cancelled.

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This application is allowed as above.

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

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V.RAMKUMAR, JUDGE.

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skj

Shemia @ Rani v. the Asst. Commissioner, Dist. Special Br

Case brief

What is this about?

What did the court decide?

Shemia @ Rani v. the Asst. Commissioner, Dist. Special Br

Case brief

What is this about?

What did the court decide?

What the court decided

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