Single bench order in bail application regarding attempt to murder charges. Court rejected absolute innocence claim based on CD evidence but granted bail due to lack of flight risk. Conditions imposed include bond, reporting, and no tampering.
Bail granted on bond of Rs.25,000 with two sureties; reporting to IO on Fridays; no tampering with evidence or witnesses.
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 P.BHAVADASAN
MONDAY, THE 10TH DAY OF DECEMBER 2012/19TH AGRAHAYANA 1934
Bail Appl..No. 8585 of 2012 ()
CRIME NO. 497/2012 OF KANAKAKUNNU POLICE STATION, ALAPPUZHA DISTRICT
PETITIONER/ACCUSED:
VISWAN AGED 46 YEARS, S/O.CHAKRAPANI, VINEETHA BHAVANAM KANNAMBALLI BHAGAM MURI, KEERIKKAD VILLAGE ALAPPUZHA.
BY ADVS.SRI.K.SHAJ
SRI.ANANDARAJAN.N
SRI.SAJJU.S SRI.PRAVEEN THOMAS ABRAHAM
RESPONDENTS/STATE:
1. STATE OF KERALA
2. SUB INSPECTOR OF POLICE,
R1 & R2 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
P.BHAVADASAN, J.
B.A. No.8585 of 2012
Dated this the 10th day of December, 2012
O R D E R
The petitioner is the accused in Crime No.497/2012 of Kanakakunnu Police Station, Alappuzha District, who is alleged to have committed the offences punishable under Section 307 of IPC.
B.A.No.8585/2012 :2:
remains that the petitioner has been in custody from 29.10.2012 onwards. A good part of the investigation must have been completed by this time. Moreover, no apprehension has been expressed by the investigating agency that if released on bail the petitioner is likely to abscond, it is felt that continued custody of the petitioner is not necessary. In the result, the application is allowed and the petitioner is granted bail subject to the following conditions:
P.BHAVADASAN, Judge.
okb.
2 issues framed by the court
Whether the accused, charged with attempt to murder, should be granted bail given the severity of injuries and ongoing investigation.
Whether the claim of innocence supports a grant of bail when contradicted by the charge sheet material.
1 provisions across 1 enactments
Viswan
State of Kerala
P. Bhavadasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
