Allowed

Shiju v. State of Kerala

Kerala HC14 Aug 2012Bail Appl./5587/2012

Case brief

AI extract

What is this about?

The High Court of Kerala granted bail to the accused, a minor son of the deceased, charged with culpable homicide amounting to murder. The court imposed strict conditions regarding surety bonds, interrogation availability, passport possession, and non-quitting the state of Kerala.

What did the court decide?

Bail granted to the accused effective from 17.8.2012 subject to conditions of bond, surety verification, interrogation availability, and non-exit from Kerala.

Shiju Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2012)

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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 N.K.BALAKRISHNAN

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TUESDAY, THE 14TH DAY OF AUGUST 2012/23RD SRAVANA 1934

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Bail Appl..No. 5587 of 2012 ()

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-----------------------------CRMP.1891/2012 of SESSIONS COURT, PALAKKAD CRIME NO.479/2012 OF KUZHALMANNAM POLICE STATION

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APPLICANT/ACCUSED :-

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SHIJU,, AGED 22 YEARS

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S/O.SREENIVASAN, EDAKKAD HOUSE, CHARAPPARAMBU CHITHALI, PALAKKAD DISTRICT.

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BY ADVS.SRI.P.VIJAYA BHANU (SR.)

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SRI.M.REVIKRISHNAN

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SRI.VIPIN NARAYAN

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RESPONDENT/COMPLAINANT :-

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.C.RASHEED

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-08-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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jvt

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N.K.BALAKRISHNAN, J.

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B.A. No.5587 of 2012

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Dated this the 14^th day of August 2012

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O R D E R

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Petitioner is the accused in Crime No.479/2012 of Kuzhalmannam Police Station. The offence alleged against him is under Sec.302 IPC. Petitioner has been in custody from 16.6.2012 onwards.

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The incident took place at 3 PM on 13.6.2012. Petitioner is the son of the deceased. The deceased used to come hot drunk and quarrel with his wife, who is the mother of the petitioner. That was the usual practice. On the day of the incident when the deceased was snatching the 'thali chain' worn by the petitioner's mother, petitioner pushed him down. But unfortunately, he fell on a hard surface and as a result of the same, he breathed his last.

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Considering the period of detention already undergone by the petitioner, petitioner is granted bail with

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B.A. No.5587 of 2012

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-: 2 :-

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effect from 17.8.2012 subject to the following conditions :-

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a. The accused shall execute a bond for

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Rs.50,000/- (Rupees Fifty 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.

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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.

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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.

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d. The accused will also file affidavit that he

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B.A. No.5587 of 2012

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-: 3 :-

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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.

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e. The accused shall not leave the State of Kerala without permission of the court.

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

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N.K.BALAKRISHNAN, JUDGE.

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Jvt

Shiju v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shiju v. State of Kerala

Case brief

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What did the court decide?

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