The court granted bail to the accused from 01.08.2011 in a case involving Section 376 I.P.C., directing execution of a bond with sureties and imposition of standard conditions including reporting and non-contact with witnesses.
Petitioner released on bail with effect from 01/08/2011 on bond of Rs. 15,000 with two sureties.
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
FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933
Bail Appl..No. 4824 of 2011()
----------------------------AGAINST THE ORDER DATED 28/05/2011 IN ORDER IN CRMP.3086/2011 of J.M.F.C.-II,PATHANAMTHITTA CRIME NO.218/2011 OF KONNY POLICE STATION
PETITIONER/ACCUSED
------------------------ROY, AGED 26, S/O. MONACHAN, PUTHENVILAYIL VEEDU, ADUKKADU, KONNI THAZHAM VILLAGE, PATHANAMTHITTA.
BY ADV. SRI.C.S.MANILAL
SRI.S.NIDHEESH
RESPONDENT: COMPLAINANT --------------------------
THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI.M.S.BREEZ
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
Bail Appln. No.4824 of 2011
--------------------------------------------------------Dated this the 24th day of June, 2011.
ORDER
In this Petition filed under Section 439 Cr.P.C., the petitioner, who is the sole accused in Crime No.218 of 2011 of Konny Police Station for an offence punishable under Section 376 I.P.C., seeks his enlargement on bail. The petitioner was arrested on 25/05/2011.
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.
2. Except for the purpose of complying with Condition No.1, the petitioner shall not enter the limits of Konny Police Station until further orders to be passed by the court concerned.
Bail Appln.No.4824/2011
: 2 :
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.
4. 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.
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 nor shall he 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 his place of residence before executing the bail bond.
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 24th day of June, 2011.
V.RAMKUMAR, JUDGE.
skj
2 issues framed by the court
Whether bail should be granted to the accused for an offence punishable under Section 376 I.P.C.
Whether bail can be granted with effect from a future date in such cases.
2 provisions across 2 enactments
Roy
State of Kerala
V.Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
