Allowed

Satheesh Krishnan v. State of Kerala

Kerala HC11 Dec 2012Bail Appl./7908/2012

Case brief

AI extract

What is this about?

Hon'ble Justice P. Bhavadasan allowed bail application of the second accused charged with offences under various sections of IPC, directing surrender before JFCM by 18-12-2012 subject to conditions regarding bond, sureties, and non-tampering.

What did the court decide?

Bail granted subject to surrender before JFCM by 18-12-2012, execution of bond Rs.15,000 with two sureties, non-tampering condition, and availability for investigation.

Satheesh Krishnan Vs State of Kerala — Cheque Dishonour | 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 P.BHAVADASAN

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TUESDAY, THE 11TH DAY OF DECEMBER 2012/20TH AGRAHAYANA 1934

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Bail Appl..No. 7908 of 2012 (C)

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[CRIME NO.945/2012 OF CHENGANNUR POLICE STATION, ALAPPUZHA DISTRICT]

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PETITIONER/ACCUSED:

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SATHEESH KRISHNAN, AGED 25 YEARS, S/O KRISHNANKUTTY NAIR, KOTTARATHIL VADAKKETHIL, GRAMAM MURI, ENNAKKADU VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT.

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BY ADV. SRI.AJITH MURALI.

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RESPONDENT/COMPLAINANT:

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

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BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Prv.

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P. BHAVADASAN, J.

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B.A. No. 7908 of 2012

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Dated this the 11^th day of December, 2012

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O R D E R

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The petitioner is the second accused in Crime

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No.945/2012 of Chengannur Police Station, who is alleged to have committed offences punishable under Sections 143, 147, 148, 294(b), 323, 153(A) and r/w 149 of IPC.

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Learned counsel for the petitioner pointed out that

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the petitioner is innocent and has been falsely implicated with ulterior motive. Further contention is that Section 153(A) IPC has been deliberately incorporated with a view to decline bail to the petitioner.

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After having heard the learned counsel for the petitioner and the learned Public Prosecutor and also perused the records made available by the learned Public Prosecutor, a deeper probe into the matter is not warranted at this point of time. Suffice to say that considering the entire facts and circumstances, it is felt that this is a fit case where extraordinary jurisdiction of this court can be exercised in favour of the petitioner. Petition is allowed as follows:

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B.A. No. 7908 of 2012

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i) Petitioner shall surrender before the Investigating Officer on or before 18-12-2012, who after interrogation shall produce the petitioner before the JFCM concerned, who on application for bail filed by the petitioner shall release him on bail on executing a bond for Rs.15,000/- (Rupees Fifteen Thousand Only) with two solvent sureties for the like sum to the satisfaction of the JFCM concerned.

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ii) The learned Magistrate shall ensure the identity of the sureties and the veracity of the tax receipts, before granting bail.

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iii) The petitioner shall make himself available for interrogation by the investigating officer as and when required by him .

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iv) The petitioner shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses. v) If any of the conditions is violated, the bail granted shall be stand cancelled and the JFCM concerned, on being satisfied of the said fact, may take such proceedings as are available to him in law.

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P. BHAVADASAN, JUDGE.

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Scl.

Satheesh Krishnan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Satheesh Krishnan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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