Allowed

Jamshad v. State of Kerala

Kerala HC23 Jan 2013Bail Appl./51/2013

Case brief

AI extract

What is this about?

This is a bail application filed in a rape case. The petitioner, an accused, was in custody. The matter is reported as settled between parties. The High Court allowed the bail application on conditions, viewing continued custody as unnecessary despite the sensitive nature of the offence.

What did the court decide?

Petitioner released on bail on executing a bond of Rs. 25,000/- with two solvent sureties, subject to reporting and other conditions.

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

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE P.BHAVADASAN

¶4

WEDNESDAY, THE 23RD DAY OF JANUARY 2013/3RD MAGHA 1934

¶5

Bail Appl..No. 51 of 2013 ()

¶6

CRIME NO. 1225/2012 OF PONNANI POLICE STATION , MALAPPURAM

¶7

APPLICANT/ACCUSED:

¶8

JAMSHAD(MUTHU), AGED 20 YEARS S/O.ABOOBACKER @ SIDDIQUE,PATHANGATTIL HOUSE ERIKAMPADAM,P.O.PONNANI,PIN:679577 PONNANI TALUK.

¶9

BY ADV. SRI.M.M.ABDUL RAHIMAN

¶10

RESPONDENT/COMPLAINANT:

¶11

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

¶12

ADDL.R2. FAROJA, W/O.JALALUDHEEN

¶13

AGED 45 YEARS, KIZHAKKEKARA, PONNANI TALUK PONNANI POST, MALAPPURAM DISTRICT PIN 679 576

¶14

(ADDL R2 IMPLEADED AS PER ORDER DT.23.1.2013 IN CRL MA NO.926/13)

¶15

ADDL.R2 BY ADV. SMT.SHERIN A.RAHIM R1 BY PUBLIC PROSECUTOR SMT.LALIZA T Y

¶16

THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

P. BHAVADASAN, J.

B.A. No. 51 of 2013

Dated this the 23^rd day of January, 2013.

¶22

ORDER

¶23

Petitioner is an accused in Crime No. 1225 of 2012 of Ponnani Police station for having committed offences punishable under Section 376 I.P.C. and has been in custody from 27.11.2012 onwards.

¶24

The petitioner has impleaded the defacto complainant's mother who is represented by a counsel. The victim is aged only 16 years. It is pointed out by the learned counsel on both sides that the matter has been settled between the parties and the defacto complainant has no further grievance in the matter.

¶25

Even though it is difficult to accept the said contention, it appears that there was some sort of settlement between the parties. The petitioner has been in custody from 27.11.2012 onwards and his continued custody appears to be unnecessary.

¶26

B.A.51/2013.

¶27

¶28

Therefore, this application is allowed on the

¶29

following conditions:

¶30

i) Petitioner shall be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the like sum each to the satisfaction of the JFCM court concerned.

¶31

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.

¶32

iii) Petitioner shall report before the Investigating Officer on every Wednesday between 9 a.m. and 10 a.m. till final report is laid.

¶33

iv) Petitioner shall surrender his passport before the Magistrate concerned, and if he does not posses one, an affidavit to that effect shall be filed before the Magistrate.

¶34

B.A.51/2013.

¶35

¶36

v) Petitioner shall not leave State of Kerala without the prior permission of the Magistrate concerned.

¶37

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

¶38

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

¶39

P. BHAVADASAN, JUDGE

¶40

sb.

Jamshad v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jamshad v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pushkaran Vs State of Kerala

Mohanan Vs State of Kerala

Lawrence Vs State of Kerala

Aneesh.B. Vs State of Kerala

Rahul Vs State of Kerala

Chandran.T. Vs the State of Kerala