Partly allowed

Patric Thomas v. State of Kerala

Kerala HC2 Mar 2012Crl.MC/587/2012

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a Criminal Miscellaneous Petition filed by an accused under Section 482 CrPC. The petitioner challenged a bail order conditioned on furnishing a cash security of Rs.1,00,000/-, which he could not meet. The Court held that while the order is confirmed in all other respects, the condition directing the petitioner to furnish cash security is set aside.

What did the court decide?

The direction in the impugned order requiring the petitioner to furnish cash security was set aside; the bail order confirmed in all other respects.

Patric Thomas 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.S.GOPINATHAN

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FRIDAY, THE 2ND DAY OF MARCH 2012/12TH PHALGUNA 1933

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Crl.MC.No. 587 of 2012 () ------------------------CMP.3138/2011 of C.J.M.,THALASSERY

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PETITIONER/8TH ACCUSED : ------------------------

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PATRIC THOMAS, AGED 40 YEARS, S/O.P.M.THOMAS,AJAGOPALAPURAM, GUDALLOOR, NEELAGIRI DISTRICT.

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BY ADVS.SRI.P.VIJAYA BHANU (SR.) SRI.V.C.SARATH

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RESPONDENTS:

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

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BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-03-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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DSV/-

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P.S.GOPINATHAN, J.

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---------------------------------------Crl.M.C.NO. 587 OF 2012

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Dated this the 2^nd day of March, 2012

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O R D E R

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In this petition under Section 482 of the Code of Criminal Procedure, petitioner, who is the 8^th accused in Crime No.825 of 2011 of CBCID Kannur for offence under Section 420 of the Indian Penal Code and Section 3 and 4 of the Price Chits Money Circulation Scheme Banning Act, assails one of the conditions imposed in Annexure A order in C.M.P.No.3138 of 2011 passed by the Chief Judicial Magistrate, Thalassery, whereby the petitioner was granted default bail. While granting default bail, petitioner was asked to furnish cash security of Rs.1,00,000/- in addition to the execution of a bail bond for the said amount with two solvent sureties for the like sum. The grievance of the petitioner is

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Crl.M.C.NO. 587 OF 2012

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that he is not a position to deposit that much amount and in effect he was denied bail by imposing such condition.

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Having heard the learned counsel for the petitioner, I find that there is merit in the contention raised by the petitioner. Therefore, this petition is allowed and order impugned as far as it directs the petitioner to furnish cash security will stand set aside. In all other respects, the order is confirmed.

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P.S.GOPINATHAN JUDGE

/TRUE COPY/

P.A.TO JUDGE

DSV/-

Crl.M.C.NO. 587 OF 2012 3

Patric Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

Patric Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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