Allowed

Stephen.P.Mathew v. State of Kerala

Kerala HC3 Dec 2012Bail Appl./8198/2012

Case brief

AI extract

What is this about?

The Kerala High Court allowed bail to the petitioner accused of offences under Sections 279, 337 IPC and Motor Vehicle Act, which were alleged to be altered with ulterior motive to Section 308 IPC invoking juvenile justice provisions, subject to surrender and other standard conditions.

What did the court decide?

Bail allowed on surrender before Investigating Officer on or before 11.12.2012, execution of bond with two sureties, and adherence to standard reporting and conduct conditions.

Stephen.P.Mathew Vs State of Kerala — Bail and Remand | 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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MONDAY, THE 3RD DAY OF DECEMBER 2012/12TH AGRAHAYANA 1934

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Bail Appl..No. 8198 of 2012 ()

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(CRIME NO. 711/2012 OF VALLIKKUNNAM POLICE STATION, ALAPPUZHA DISTRICT)

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PEPTITIONER/ACCUSED :

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STEPHEN.P.MATHEW, AGED 20 YEARS KALLUVILAYIL JOJI VILLA,BHARANICKAVU SOUTH ALAPPUZHA.

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

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RESPONDENT/COMPLAINANTS :

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,THROUGH THE S.I.OF POLICE VALLIKKUNNAM POLICESTATION,PIN-695014.

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BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH

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

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P. BHAVADASAN, J.

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B.A. No. 8198 of 2012

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

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ORDER

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In an incident which took place on 23.9.2012, in which the motor cycle run by the petitioner hit the defacto complainant, a student, Crime No. 711 of 2012 was registered for offences punishable under Sections 279 and 337 I.P.C. and Section 134(a) and (b) of the Motor Vehicle Act. Petitioner would say that later with ulterior motive, it was altered to Section 308 I.P.C. and Section 23 of the Juvenile Justice (Care and Protection) Act. The petitioner would claim that he is innocent and has been falsely implicated.

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After having heard learned counsel for the petitioner and the learned Public Prosecutor and after perusing the records, it is felt that there is considerable force in the submission made by the learned counsel for the petitioner.

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B.A.8198/2012.

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Considering the facts and circumstances of the

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case, it is felt that this is a fit case where the extraordinary jurisdiction needs to be exercised in favour of the petitioner.

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Therefore, this application is allowed on the following conditions:

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i) Petitioner shall surrender before the Investigating Officer on or before 11.12.2012, who after interrogation shall produce him before the JFCM court concerned, which court, on application for bail being moved by the petitioner, shall release him on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two solvent sureties for the like sum each to the satisfaction of the said court.

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ii) The learned Magistrate may ensure the identity of the sureties and the veracity of the tax receipts

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B.A.8198/2012.

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produced by the sureties for the purpose of executing the bond.

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iii) Petitioner shall report before the Investigating

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Officer as and when required by him.

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

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

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P. BHAVADASAN, JUDGE

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sb.

Stephen.P.Mathew v. State of Kerala

Case brief

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Stephen.P.Mathew v. State of Kerala

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