Allowed

Shaji v. State of Kerala

Kerala HC19 Mar 2013Bail Appl./1744/2013

Case brief

AI extract

What is this about?

In a bail application for offences under sections 341, 323, and 326 IPC, the Court allowed bail on the condition that the accused surrenders by 27.03.2013, furnishes a bond of Rs. 15,000 with sureties, and refrains from tampering with evidence or influencing witnesses.

What did the court decide?

Bail allowed on conditions including surrender by 27.03.2013, bond of Rs. 15,000 with sureties, and restraint on tampering with evidence.

Shaji Vs 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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TUESDAY, THE 19TH DAY OF MARCH 2013/28TH PHALGUNA 1934

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Bail Appl..No. 1744 of 2013 (E)

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[CRIME NO. 227/2013 OF TIRUR POLICE STATION , MALAPPURAM DISTRICT]

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PETITIONER/ACCUSED:

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SHAJI, AGED 39 YEARS, S/O.NARAYANAN, PATTATHUR HOUSE, MANGALAM P.O, TIRUR TALUK, MALAPPURAM DISTRICT.

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BY ADVS.SRI.S.RAJEEV, SRI.K.K.DHEERENDRAKRISHNAN.

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RESPONDENTS/STATE:

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1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. (CRIME NO.227/2013 OF - TIRUR POLICE STATION , MALAPPURAM DISTRICT).

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2. STATION HOUSE OFFICER, TIRUR POLICE STATION, MALAPPURAM DISTRICT-676 101, (CRIME NO.227/2013 OF TIRUR POLICE STATION, MALAPPURAM DISTRICT).

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*ADDITIONAL 3RD RESPONDENT IMPLEADED:

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3. KAMALAKSHY, AGED 55 YEARS,

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W/O. MADHAVAN, VALILAPARAMBIL HOUSE, MANGALAM.P.O., TIRUR TALUK, MALAPPURAM DISTRICT – 676 561.

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*ADDITIONAL 3RD RESPONDENT IS IMPLEADED AS PER ORDER DATED 19/03/2013 IN CRL.M.A. 2516/13 IN B.A. 1744/13.

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R1 & R2 BY PUBLIC PROSECUTOR SRI. ROY THOMAS, ADDL. R3. BY ADV. SRI.VINOD KUMAR.C,

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-03-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Prv.

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P.BHAVADASAN, J. --------------------------------------Bail Application No.1744 OF 2013 --------------------------------------Dated this the 19^th day of March, 2013.

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O R D E R

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The petitioner is accused in Crime No.227/2013 of Tirur Police Station who is alleged to have committed the offence punishable under Sections 341, 323 and 326 of the Indian Penal Code. It is not necessary to go into the details of the same for the simple reason that the petitioner has impleaded the de facto complainant and the de facto complainant has entered appearance through counsel. It is pointed out that the disputes between the parties have been settled and no further grievance subsists for the de facto complainant. The de facto complainant also submitted that she has no further grievance against the petitioner and an affidavit to that effect also has been filed.

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Therefore, the application is allowed on the following conditions:

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i) The petitioner shall surrender before the Investigating Officer on or before 27.03.2013 who, after interrogation, shall produce him before the Judicial

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B.A.No.1744/2013

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First Class Magistrate 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 Judicial First Class Magistrate Court concerned.

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ii) The learned Magistrate shall ensure the identity of the sureties and also the veracity of the tax receipts produced by him.

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iii) The petitioner shall report before the Investigating Officer on every Wednesday between 9 a.m and 10 a.m until further orders.

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

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v) If any of the condition is violated, the bail granted shall stand cancelled and the Judicial First Class Magistrate Court concerned, on being satisfied of the said fact, may take such steps as are available to him in law.

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P.BHAVADASAN JUDGE

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smp

Shaji v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shaji v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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