The Kerala High Court allowed bail to an accused facing charges under Sections 302, 376, 511 IPC, 201 IPC. The court granted relief because the charge sheet was not filed within 90 days of arrest, invoking the proviso to Section 167(2) CrPC.
Release on bail of Rs. 25,000 bond with two solvent sureties on similar amount subject to specific conditions.
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 K.T.SANKARAN
THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933
Bail Appl..No. 5433 of 2011() ----------------------------CRIME NO.649/2011 OF KOCHI CUSBA POLICE STATION
PETITIONER/ACCUSED ---------------------
PRADEEP, S/O.KUNJUMON, AGED 41 YEARS, AYVELI VEETTIL, WESTERN SIDE OF PALLURUTHY MARKET, PALLURUTHY KARA, PALLURUTHY VILLAGE.
BY ADV. SRI.S.RAJEEV
RESPONDENT:
STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.649/2011 OF KOCHI CUSBA POLICE STATION, ERNAKULAM DISTRICT.
PUBLIC PROSECUTOR SRI.TEKCHAND
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
--------------------------------------------Bail Appln.No.5433 of 2011 ---------------------------------------------Dated this the 14th day of July, 2011
ORDER
This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.649 of 2011 of Kochi Cusba Police Station.
Bail Appln.No.5433/2011
: 2 :
satisfaction of the Judicial Magistrate of the First Class-II, Kochi, subject to the following conditions:
The Bail Application is allowed as above.
K.T.SANKARAN, JUDGE
skj
2 issues framed by the court
Whether the petitioner is entitled to bail under Section 439 CrPC given that the charge sheet was not filed within the prescribed time limit.
What conditions should be imposed on the petitioner upon release on bail.
2 provisions across 1 enactments
Pradeep
State of Kerala
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
