Bail application under Section 439 CrPC filed by an accused in amurder case. The High Court granted bail subject to bond and sureties and standard conditions prohibiting witness tampering.
Petitioner released on bail of Rs. 50,000 with two sureties for Rs. 50,000 each, subject to conditions of reporting and non-interference with witnesses.
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
WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933
Bail Appl..No. 5434 of 2011() ------------------------CRIME NO.1338/2011 OF CENTRAL POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED -------------------SOLAMAN, S/O.JOHN, AGED 47 YEARS, KURISUPARAMBIL HOUSE, NAZRETH, THOPPUMPADY P.O., KOCHI-5.
BY ADV. SRI.S.RAJEEV
RESPONDENT: STATE
STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.1338/2011 OF CENTRAL POLICE STATION, ERNAKULAM DISTRICT).
PUBLIC PROSECUTOR SRI.V.MANU
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
Bail Appln.No.5434 of 2011
Dated this the 20th 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.1338 of 2011 of Central Police Station, Ernakulam .
Bail Appln.No.5434/2011
: 2 :
satisfaction of the Judicial Magistrate of the First Class-II, Ernakulam, subject to the following conditions:
A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders;
B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence.
The Bail Application is allowed as above.
K.T.SANKARAN, JUDGE
skj
1 issue framed by the court
Whether bail should be granted to the accused charged under Section 302 IPC given the duration of judicial custody and stage of investigation.
2 provisions across 2 enactments
Solaman, S/o John
State
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
