Allowed

Chakochan @ Chacko v. State of Kerala

Kerala HC15 Mar 2013Bail Appl./1748/2013

Case brief

AI extract

What is this about?

The High Court allowed the bail application filed by the first accused charged under Sections 324 and 307 IPC. Despite the prosecution objecting due to ongoing investigation, the court granted bail on the condition that the accused execute a bond and report to the investigating officer weekly, ensuring adherence to non-tampering conditions.

What did the court decide?

Petitioner released on bail via bond of Rs. 15,000 with two solvent sureties, reporting every Friday till final report, and not tampering with evidence.

Chakochan @ Chacko Vs State of Kerala — Murder and Culpable Homicide | 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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FRIDAY, THE 15TH DAY OF MARCH 2013/24TH PHALGUNA 1934

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Bail Appl..No. 1748 of 2013 ()

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------------------------------CRIME NO. 196/2013 OF KUMILY POLICE STATION, IDUKKI DISTRICT.

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PETITIONER/1ST ACCUSED:

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CHACKOCHAN @ CHACKO, S/O.CHACKO, AGED 47 YEARS, ORATHU HOUSE, 3RD MILE, AMARAVATHY KARA, KUMILY VILLAGE, IDUKKI DISTRICT.

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BY ADVS.SRI.K.S.HARIHARAPUTHRAN, SRI.M.D.SASIKUMARAN, SRI.GEORGE MATHEW, SRI.P.A.ISMAIL, SRI.DIPU JAMES.

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RESPONDENT:

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STATE OF KERALA, REP. BY STATION HOUSE OFFICER, KUMILY POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR MR.ROY THOMAS.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-03-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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P. BHAVADASAN, J.

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- - - - B.A. No. 1748 of 2013

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Dated this the 15^th day of March, 2013.

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ORDER

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Petitioner is the first accused in Crime No. 196 of

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2013 of Kumily Police Station, who is alleged to have committed offences punishable under Sections 324 and 307 read with Section 34 of I.P.C.

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The allegation against the petitioner is that he along with his wife, who is the second accused, in furtherance of their common object had attacked the defacto complainant and caused injuries to her.

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The petitioner would say that he is innocent and has been falsely implicated with ulterior motive. He denied having committed any act which would constitute an offence. At any rate, it is pointed out that he has been in custody from 23.2.2013 and his continued custody is unnecessary.

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B.A.1748/2013.

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Learned Public Prosecutor very vehemently opposed the petition and pointed out that investigation is only progressing.

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CD was made available for perusal. The claim of the petitioner that he is innocent cannot be accepted and it is seen that dangerous weapons were used by the petitioner to inflict injuries on the defacto complainant. However, the petitioner has been in custody from 23.2.2013. Considering the nature of the allegations against the petitioner and also the fact that investigation must have progressed to a good extent, continued custody of the petitioner appears to be unnecessary.

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Therefore, this application is allowed on the following conditions:

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i) Petitioner shall be released 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 JFCM court concerned.

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B.A.1748/2013.

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ii) The learned Magistrate may ensure the identity of the sureties and also the veracity of the tax receipts that are sought to be produced at the time of executing the bond.

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iii) Petitioner shall report before the Investigating Officer on every Friday between 9 a.m. and 11 a.m. till final report is laid.

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iv) Petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

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v) If any of the conditions is violated, bail granted to the petitioner shall stand cancelled, and the JFCM concerned may take such steps as are available to him in law.

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P. BHAVADASAN, JUDGE

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sb.

Chakochan @ Chacko v. State of Kerala

Case brief

What is this about?

What did the court decide?

Chakochan @ Chacko v. State of Kerala

Case brief

What is this about?

What did the court decide?

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