Allowed

Stephen P.Mathew v. State of Kerala

Kerala HC3 Dec 2012Bail Appl./7358/2012

Case brief

AI extract

What is this about?

The High Court of Kerala allowed bail for two accused persons implicated in a criminal case. The court exercised extraordinary jurisdiction, granting bail subject to surrender, execution of bond, reporting to the investigating officer, and non-interference with evidence or witnesses.

What did the court decide?

Bail allowed on conditions: surrender by 11.12.2012, execution of bond for Rs.15,000 with two sureties, reporting to Investigating Officer, and no tampering with evidence or witnesses.

Stephen P.Mathew Vs State of Kerala — Bail and Remand | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE P.BHAVADASAN

¶4

MONDAY, THE 3RD DAY OF DECEMBER 2012/12TH AGRAHAYANA 1934

¶5

Bail Appl..No. 7358 of 2012 ()

¶6

(CRIME NO. 700/2012 OF VALLIKKUNNAM POLICE STATION, ALAPPUZHA DISTRICT)

¶7

PETITIONERS/ACCUSED NO. 2 & 4 :

¶8

1. STEPHEN P.MATHEW, AGED 19 YEARS KALLUVILAYIL JOJI VILLA BHARANICKAVU SOUTH, ALAPPUZHA.

¶9

2. THOMAS P. MATHEW, AGED 19 YEARS KALLUVILAYIL JOJI VILLA BHARANICKAVU SOUTHALAPPUZHA.

¶10

BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL

¶11

PETITIONER/COMPLAINANT :

¶12

STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA THROUGH S.I. OF POLICE VALLIKKUNNAM POLICE STATION PIN. 690 516.

¶13

BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH

¶14

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶15

¶16

P. BHAVADASAN, J.

¶17

¶18

B.A. No. 7358 of 2012

¶19

¶20

Dated this the 3^rd day of December, 2012.

¶21

ORDER

¶22

Though in the petition, petitioners are shown as accused Nos.2 and 4, learned Public Prosecutor on instructions submits that the first petitioner is the third accused and second petitioner is the fourth accused.

¶23

The petitioners would say that they have been falsely implicated with ulterior motive and they are innocent

¶24

and also that they have not committed any act which constitutes an offence.

¶25

Learned Public Prosecutor submits that overt acts were attributed to accused Nos.1 and 2 and the petitioners were also along with them.

¶26

Considering the nature of the allegations and the facts and circumstances of the case, it is felt that this is a fit case where the extraordinary jurisdiction needs to be exercised in favour of the petitioners.

¶27

B.A.7358/2012.

¶28

¶29

Therefore, this application is allowed on the

¶30

following conditions:

¶31

i) Petitioners shall surrender before the Investigating Officer on or before 11.12.2012, who after interrogation shall produce them before the JFCM concerned, which court, on applications for bail being moved by the petitioners, shall release them on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two solvent sureties each for the like sum each to the satisfaction of the said court. ii) The learned Magistrate may ensure the identity of the sureties and the veracity of the tax receipts produced by the sureties for the purpose of executing the bond. iii) Petitioners shall report before the Investigating Officer as and when required by him.

¶32

B.A.7358/2012.

¶33

¶34

iv) Petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

¶35

v) If any condition is violated, bail granted to the petitioners shall stand cancelled, and the JFCM concerned may take such steps as are available to him in law.

¶36

P. BHAVADASAN, JUDGE

¶37

sb.

Stephen P.Mathew v. State of Kerala

Case brief

What is this about?

What did the court decide?

Stephen P.Mathew 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

Parties & counsel

Coram

Case details

Similar cases

Dr.Abdul Kader Thidil Vs State of Kerala

Albert Vs State of Kerala

Mini Mol Vs State of Kerala

Aneesh Vs State of Kerala

Binu Kumar Vs State of Kerala

Stephen.P.Mathew Vs State of Kerala