Dismissed

Rajendran v. Station House Officer

Kerala HC4 Apr 2012Crl.MC/883/2012

Case brief

AI extract

What is this about?

The High Court of Kerala, in a writ petition challenging bail conditions requiring sureties to produce title deeds or solvency certificates, held that the conditions were not arbitrary. The petition was dismissed, though the petitioner was granted three months to produce the solvency certificate.

What did the court decide?

Petitioner granted three months time to produce the solvency certificate; petition otherwise dismissed.

Rajendran Vs Station House Officer — 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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WEDNESDAY, THE 4TH DAY OF APRIL 2012/15TH CHAITHRA 1934

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Crl.MC.No. 883 of 2012 ()

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CRIME NO.304/2004 OF VADAKKEKAD POLICE STATION

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PETITIONER/ACCUSED:

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RAJENDRAN, S/O. KOCHUKUTTAN, KOOTTUPARAMBIL HOUSE, PILAKKATTERI DESOM, NAGALASSERY VILLAGE, CHALISSERY, PALAKKAD DISTRICT.

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BY ADVS.SRI.V.V.SURENDRAN

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SRI.P.A.HARISH

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RESPONDENT(S)/COMPLAINANT AND STATE:

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1. THE STATION HOUSE OFFICER

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VADAKKEKARA POLICE STATION, THRISSUR - 679 562.

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2. STATE OF KERALA,

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REPRESENTED BY THE PUBLIC PROSECUTOR

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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 04-04-2012, 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. 883 OF 2012

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Dated this the 4^th day of April, 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, the petitioner, who is the accused in Crime No.304 of 2004 of Vadakkekad Police Station, for offences under Sections 457, 461 and 380 of the Indian Penal Code, assails Annexure-A order whereby the trial court granted bail on certain conditions. According to the petitioner, he was directed to execute a bond for Rs.25,000/- with two solvent sureties and that the sureties should surrender their title deeds or they have to produce the solvency certificate. The grievance of the petitioner is against the production of the title deed or the solvency certificate. According to him, the sureties are not in possession of the title deed and that they are not in a position to produce the solvency certificate immediately as it would take time to get it and till then the petitioner has to remain in jail.

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Having heard either side, I find that the condition imposed by the trial court is not arbitrary or too onerous. If the sureties are not in possession of the title deed, they can produce the solvency certificate. Therefore, I find no merit in this petition. Accordingly, this petition is dismissed. However, the petitioner is granted three months time to produce the solvency certificate.

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P.S.GOPINATHAN

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JUDGE

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DSV/-

Rajendran v. Station House Officer

Case brief

What is this about?

What did the court decide?

Rajendran v. Station House Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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