Allowed

Viswambharan v. State of Kerala

Kerala HC5 Jun 2012Bail Appl./2766/2012

Case brief

AI extract

What is this about?

The Court allowed bail to the accused in a bail application under Sections 324, 341, 353, and 294(b) of the IPC, directing surrender within 10 days and imposing strict conditions including financial bond, passport production, and surety verification.

What did the court decide?

Bail granted subject to surrender within 10 days, bond of Rs.25,000 with sureties, appearance before IO, and other specified conditions.

Viswambharan Vs State of Kerala — Cheating and Forgery | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN

¶4

TUESDAY, THE 5TH DAY OF JUNE 2012/15TH JYAISHTA 1934

¶5

Bail Appl..No. 2766 of 2012 (A)

¶6

[CRIME NO.39/2012 OF KULATHUPUZHA POLICE STATION, KOLLAM DISTRICT]

¶7

APPLICANT/ACCUSED:

¶8

VISWAMBHARAN, AGED 41 YEARS, S/O.KUTTY, FIELD SUPERVISOR, RPL UNIT I A COLONY, KULATHUPUZHA VILLAGE.

¶9

BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE, ADV. SRI.M.REVIKRISHNAN.

¶10

RESPONDENT/COMPLAINANT:

¶11

STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

¶12

BY PUBLIC PROSECUTOR SRI. SREEJITH.V.S.

¶13

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-06-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶14

Prv.

¶15

N.K.BALAKRISHNAN, J.

¶16

==================

¶17

B.A.No. 2766 of 2012

¶18

========================= Dated this the 5^th day of June, 2012

¶19

ORDER

¶20

Petitioner is the accused in Crime no.39/2012 of Kulathupuzha police station, Kollam. The offences alleged against him are under Secs.324, 341, 353, 294(b) of IPC.

¶21

The learned senior counsel appearing for the petitioner submits that a crime was registered against the complainant alleging offences under Secs.341, 323 and 353 of IPC as Crime no.886/2011. The present crime was registered based on a complaint filed after two weeks It is stated that the petitioner who is a supervisor of an estate, was in fact attacked by the complainant.

¶22

Considering all the aspects the following directions are issued:

¶23

The petitioner shall surrender before the Investigating Officer within 10 days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused,

¶24

B.A.No.2766/2012

¶25

: 2 :

¶26

the learned Magistrate can, considering the nature of the case, grant bail to the petitioners but on the following conditions:

¶27

a. The accused shall execute a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the concerned Court. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.

¶28

b. The accused shall make himself available for interrogation by the Investigating Officer and that they should appear before the Investigating Officer on alternate Saturdays between 9.30 AM to 11.30 AM until further orders.

¶29

c. The accused shall produce his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the

B.A.No.2766/2012

: 3 :

Magistrate.

d. The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

¶34

e. The accused and the sureties shall not leave State of Kerala without the prior permission of the learned Magistrate.

¶35

f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.

¶36

N.K.BALAKRISHNAN, JUDGE

¶37

das

Viswambharan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Viswambharan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jobin.J.B Vs State of Kerala

Akhil Vs State of Kerala

Anoop Kumar.S Vs State of Kerala

Manutty @ Sharafudhin Vs State of Kerala

Maju V.M Vs State of Kerala

Jalestin Vs State of Kerala