In a bail application under Sections 366 and 376 IPC, the High Court of Kerala at Ernakulam granted bail to the petitioner subject to specific conditions regarding sureties, interim custody, and state residency.
Bail ordered with effect from 23.7.2012 on conditions of bond, sureties, interrogation appearance, passport production, and non-interference.
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 N.K.BALAKRISHNAN
THURSDAY, THE 19TH DAY OF JULY 2012/28TH ASHADHA 1934
Bail Appl..No. 4693 of 2012 ()
CRIME NO.150/2012 OF KOLLAM WEST POLICE STATION.
PETITIONERACCUSED(S):
SIDHIK, AGED 28 YEARS S/O.SAHEED MUSLIAR,NADEERA MANZIL THEKKEVILA CHERYMUNDAKKAL,NOW RESIDING AT PULIVILA THEKKETHIL,AMEER NAGAR,NEAR AKMHS,MYLAPUR,THAZHUTHALA KOLLAM.
BY ADVS.SRI.V.JAYAPRADEEP SMT.M.HEMALATHA SMT.V.V.RISANI
RESPONDENT/COMPLAINANT(S):
STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR, KOLLAM WEST POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
BY PUBLIC PROSECUTOR SMT.JASMINE V.H.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-07-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
tss
N.K.BALAKRISHNAN, J.
B.A. No.4693 of 2012
Dated this the 19th day of July 2012
O R D E R
Petitioner is the accused in Crime No.150/2012 of Kollam West Police Station. The offences alleged against him are under Secs.366 and 376 IPC. He has been in custody from 19.6.2012 onwards.
B.A. No.4693 of 2012
-: 2 :-
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 learned Magistrate. 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.
b. The accused shall make himself available for interrogation by the Investigating Officer and that he should appear before the Investigating Officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders.
c. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.
d. The accused will also file 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
B.A. No.4693 of 2012
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.
e. The accused shall not leave the State of Kerala
without permission of the court.
f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.
N.K.BALAKRISHNAN,
J UDGE.
Jvt
1 issue framed by the court
Whether the petitioner accused under Sections 366 and 376 IPC is entitled to bail.
1 provisions across 1 enactments
Sidhik
State of Kerala
N.K.Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
