Partly allowed

Benny v.David v. State of Kerala

Kerala HC7 Jun 2011Bail Appl./4313/2011

Case brief

AI extract

What is this about?

The Court granted bail to the petitioner from a future date (15.06.2011) in a cheating case under Sections 420 and 34 IPC. Bail was conditioned on a bond with two sureties and required adherence to eight specific conditions including limited police station entry and no witness contact. No parole was granted during the interim custody period.

What did the court decide?

Petitioner directed to be released on bail w.e.f. 15.06.2011 subject to conditions and execution of bond with sureties.

Benny v.David 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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TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933

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Bail Appl..No. 4313 of 2011()

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----------------------------CRIME NO.107/2011 OF CHITTARIKKAL POLICE STATION AGAINST THE JUDGEMENT/ORDER IN BA.3821/2011 Dated 25/05/2011 CMP.2789/2011 of J.M.F.C.-II,HOSDRUG

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PETITIONER/PETITIONER/3RD ACCUSED (IN CUSTODY)

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BENNY.V.DAVID,AGED 45 YEARS,

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S/O.DAVID,NO.5,MEENAKSHI LAYOUT,KAMASANDARA MAIN ROAD,ELECTRONIC CITY,BANGALORE.

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BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM)

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RESPONDENT(S): RESPONDENT/COMPLAINANT

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STATE OF KERALA,(SUB INSPECTOR OF POLICE CHITTARIKAL POLICE STATION),REPRERESENTED BY 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 07/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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- - - - - - - - - - - - - - - - - Bail Application No.4313 of 2011

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- - - - - - - - - - - - - - - -

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DATED: 07.06.2011

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O R D E R

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In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the 3^rd accused in Crime No. 107 of 2011 of Chittarikal Police Station for offences punishable under Secs.420 read with 34 I.P.C., seeks his enlargement on bail. The petitioner was arrested on 06.05.2011.

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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 w.e.f 15.06.2011 on his executing a bond for `15,000/(Rupees fifteen 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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B.A.No.4313/2011

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-:2:-

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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.

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

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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.

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4. The petitioner shall make himself available for interrogation as and when required by the Investigating Officer at any time till the filing of the final report.

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

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

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7. The petitioner shall not commit any offence while on bail.

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8. The petitioner shall notify to the Court his place of residence before executing the bail bond.

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If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. Dated this the 7th day of June, 2011.

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V.RAMKUMAR, JUDGE.

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Benny v.David v. State of Kerala

Case brief

What is this about?

What did the court decide?

Benny v.David v. State of Kerala

Case brief

What is this about?

What did the court decide?

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