Allowed

Abison v. the State of Kerala

Kerala HC20 Mar 2013Bail Appl./1338/2013

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the bail application of the 4th accused alleged with offences under IPC, Foreigner's Act, IT Act, and Immoral Traffic Prevention Act. The court granted bail with conditions including bond, surrender of passport, and reporting restrictions.

What did the court decide?

Petitioner released on bail with a bond of Rs. 25,000 and two solvent sureties subject to conditions including surrendering passport and not leaving Kerala.

Abison Vs the State of Kerala — Bail and Remand | Kerala HC (2013)

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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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WEDNESDAY, THE 20TH DAY OF MARCH 2013/29TH PHALGUNA 1934

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Bail Appl..No. 1338 of 2013 ()

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AGAINST THE ORDER/JUDGMENT IN CRMP.483/2013 of J.M.F.C. - I, PARAVUR DATED 12-02-2013 CRIME NO. 85/2013 OF BINANIPURAM POLICE STATION , ERNAKULAM

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PETITIONER/4TH ACCUSED:

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ABISON, AGED 27 YEARS S/O.JOHN JOSEPH, EATTAKUNNEL (H), KALATHOOR KANAKKARI VILLAGE, KURAVILANGADU KOTTAYAM DISTRICT. PIN-686 632.

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BY ADV. SRI.P.A.MUJEEB

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RESPONDENT/COMPLAINANT:

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THE STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE BINANIPURAM POLICE STATION, ERNAKULAM REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. COCHIN-31.

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BY PUBLIC PROSECUTOR SRI.C.RASHEED

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-03-2013. THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.BHAVADASAN, J

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-----------------------------------------

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B.A No.1338 of 2013

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Dated this the 20^th day of March, 2013

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O R D E R

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Petitioner is the 4^th accused in Crime No.85/2013 of Binanipuram Police Station, who is alleged to have committed offence punishable under Sections 342, 365, 371, 376 r/w 34 of IPC, Section 14(c) of Foreigner's Act, Section 67(A) of the Information Technology Act and Sections 3, 5(c), 6(a) (b) of the Immoral Traffic Prevention Act.

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It is unnecessary to go into the facts of the case because that exercise has been taken while disposing the bail applications filed by the other accused in the same incident. The petitioner has been in custody from 9.2.2013 onwards.

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After having heard the learned counsel for the petitioner and the learned Public Prosecutor and after perusing the records and since no apprehension is raised by the prosecution that if released on bail, the petitioner is likely to abscond, it is felt that continued custody of the petitioner is unnecessary. Accordingly, the petition is allowed as follows:

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: 2:

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B.A No.1338 of 2013

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i) The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the JFCM Court, North Paravur.

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

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Iii) The petitioner shall report before the Investigating Officer on every Wednesday between 9 am and 10 am till final report is laid.

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iv) The petitioner shall surrender his passport before the JFCM concerned. If he is not having a passport, to file an affidavit to that effect before the said court.

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v) The petitioner shall not leave the State of Kerala without prior permission of the JFCM Court concerned.

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vi) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness.

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vii) If any of the condition is violated, the bail granted shall 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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Abison v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Abison v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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