Allowed

Anilal v. State of Kerala

Kerala HC12 Jul 2011Bail Appl./5112/2011

Case brief

AI extract

What is this about?

The Court allowed the bail application of the petitioner, accused in a crime alleging offences under Sections 328, 379, and 420 IPC. The Court observed that bail was granted in connected cases and co-accused were acquitted, granting bail subject to bond and conditions.

What did the court decide?

Petitioner released on bail on executing bond for `25,000/ with two solvent sureties for like amount, subject to conditions.

Anilal Vs State of Kerala — 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 K.T.SANKARAN TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 Bail Appl..No. 5112 of 2011() ----------------------------AGAINST THE ORDER IN CRMP 1238/2011 IN LP.7/2003 of SUB COURT, NEDUMANGAD CRIME NO.41/2001 OF VITHURA POLICE STATION .................... PETITIONER/ACCUSED --------------------ANILAL, S/O.ABDUL VAHEED, BISMI MANZIL, N M C VI/361, KUNNATHU KOPPAM, ARASHUPARAMBU MURI, NEDUMANGADU VILLAGE, THIRUVANANTHAPURAM DISTRICT.

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BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.SHAJIN S.HAMEED

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RESPONDENT: STATE -------------------STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VITHURA POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM.

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PUBLIC PROSECUTOR SRI.V.MANU

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T.SANKARAN, J.

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Bail Appln.No.5112 of 2011

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Dated this the 12^th day of July, 2011

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ORDER

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This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.41 of 2001 of Vithura Police Station.

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The offences alleged against the petitioners are under Sections 328, 379 and 420 read with Section 34 of the Indian Penal Code. The petitioner was arrested on 23/05/2011.

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The learned counsel for the petitioner submitted that in connected cases bail was granted to the petitioner as per the order dated 30^th June, 2011 in Bail Appln.Nos.5111 of 2011, 5113 of 2011 and 5114 of 2011.

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The counsel for the petitioner submitted that the passport of the petitioner was seized by the police after he was arrested. The counsel also submitted that the co-accused have

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been acquitted after trial.

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Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offences and also the fact that in the

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Bail Appln.No.5112/2011

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: 2 :

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connected cases bail was granted and that the charge was laid, I am of the view that bail can be granted to the petitioner.

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The petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Assistant Sessions Judge, Nedumangad, subject to the following conditions:

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A) The petitioner shall not leave the State of Kerala till the trial of the case is over.

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B) The petitioner shall appear before the trial court on all posting dates without fail.

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C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence.

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D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail.

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E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.

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The Bail Application is allowed as above.

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K.T.SANKARAN, JUDGE

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skj

Anilal v. State of Kerala

Case brief

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What did the court decide?

Anilal v. State of Kerala

Case brief

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What did the court decide?

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