Allowed

Jaya Ganesh v. State of Kerala

Kerala HC16 Jun 2011Bail Appl./4302/2011

Case brief

AI extract

What is this about?

A bail application by three accused in a criminal trial involving IPC sections 143, 147, and 436 read with section 149 was allowed. The court granted bail as of right since the final report was not filed within 60 days of custody under Section 167(2) Cr.P.C., imposing standard bail bonds and conditions.

What did the court decide?

Petitioners directed to release on bail with Rs. 50,000 bond each and two solvent sureties executing specific conditions.

Jaya Ganesh Vs State of Kerala — Cheating and Forgery | 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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THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933

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Bail Appl..No. 4302 of 2011() ----------------------------CRIME NO.58/2011 OF PERAVOOR POLICE STATION KANNUR

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PETITIONERS: ACCUSED 1-3

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JAYA GANESH, S/O.KRISHNAN, AGED 27 YEARS, KOCHUMALAYINI HOUSE, MANATHANA AMSOM & DESOM, PERAVOOR.

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VANEESH, S/O.SASI, AGED 22 YEARS, EDAPPARA COLONY HOUSE, MANATHANA AMSOM, PERUMPUNNA DESOM, PERAVOOR.

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SREEJITH, S/O.NANU, AGED 35 YEARS, PUTHAN VEETIL, THIRUVONAPPURAM, THUNDI P.O., PERAVOOR.

BY ADV. SRI.S.RAJEEV

RESPONDENT: STATE

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.58/2011 OF PERAVOOR POLICE STATION, KANNUR DISTRICT).

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PUBLIC PROSECUTOR SRI.M.S.BREEZ

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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Bail Application No.4302 of 2011

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--------------------------------------------------------Dated this the 16^th day of June, 2011.

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ORDER

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Petitioners, who are accused Nos.1 to 3 in Crime No.58 of 2011 of Peravoor Police Station, for offences punishable under Sections 143, 147 & 436 read with Section 149 I.P.C., seek their enlargement on bail.

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The learned Public Prosecutor on instructions submitted that no final report has been filed even after 60 days of judicial custody of the petitioners. If so, by virtue of the proviso to Sec.167 (2) Cr.P.C. the petitioners are entitled to be released on bail as of right.

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Accordingly, the petitioners are directed to be released on bail on each of them executing a bond for `50,000/- (Rupees Fifty 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 petitioners 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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2. Except for the purpose of complying with Condition No.1, the petitioners shall not enter the limits of Peravoor Police Station until further orders to be passed by the court concerned.

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Bail Appln.No.4302/2011

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: 2 :

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

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

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

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7. The petitioners shall notify their place of residence before executing the bail bond.

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If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled.

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This application is allowed as above.

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Dated this the 16^th day of June, 2011.

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V.RAMKUMAR, JUDGE.

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skj

Jaya Ganesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jaya Ganesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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