Allowed

Mrs.Kiruba John v. State of Kerala

Kerala HC3 Jan 2013Bail Appl./5985/2012

Case brief

AI extract

What is this about?

The High Court exercised its jurisdiction under Section 438 Cr.P.C. to grant anticipatory bail to the petitioners. The Court imposed specific conditions including surrender, appearance before the Investigating Officer, non-tampering with evidence, and deposit of a refundable amount of Rs.3 lakhs.

What did the court decide?

Anticipatory bail granted subject to conditions including deposit of Rs.3 lakhs and surrender before the Investigating Officer on or before 14.1.2013.

Mrs.Kiruba John Vs State of Kerala — Anticipatory Bail | Kerala HC (2013)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE P.BHAVADASAN

¶4

THURSDAY, THE 3RD DAY OF JANUARY 2013/13TH POUSHA 1934

¶5

Bail Appl..No. 5985 of 2012 ()

¶6

CRIME NO.193/2011 OF KALPETTA POLICE STATION, WAYANAD DISTRICT.

¶7

PETITIONERS/ACCUSED 2 AND 5.:

¶8

1. MRS.KIRUBA JOHN, AGED 33 YEARS,

¶9

W/O.GLYNE JOHN, RESIDING AT IMMANUEL COTTAGE,

¶10

10-1-64-A, PATTIVEERANPATTI POST,

¶11

NEAR VATHALAGUNDU, DINDIGAL DISTRICT,

¶12

TAMIL NADU, PIN – 624 211.

¶13

2. JEYA, AGED 58 YEARS,

¶14

W/O.K.M. PRASAD, RESIDING AT IMMANUEL COTTAGE,

¶15

10-1-64-A, PATTIVEERANPATTI POST, NEAR VATHALAGUNDU, DINDIGAL DISTRICT, TAMIL NADU, PIN – 624 211.

¶16

BY ADV. SRI.PEEYUS A.KOTTAM

¶17

RESPONDENT/STATE:

¶18

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031, REPRESENTED BY INVESTIGATING OFFICER IN CRIME NO.193/2011 OF KALPETTA POLICE STATION, WAYANAD DISTRICT).

¶19

BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.

¶20

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-01-2013, ALONG WITH BA. NO. 8414 OF 2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶21

rs.

¶22

P.BHAVADASAN, J.

¶23

--------------------------------------------B.A. Nos.5985 & 8414 of 2012

¶24

Dated this the 3^rd day of January, 2013

¶25

ORDER

¶26

Learned counsel for the petitioners pointed out that as per ledger extract of Bank account, an amount of Rs.5,20,000/- is seen to have paid by the petitioners. It is further pointed out by the learned counsel that Rs.2 lakhs has already been paid by the petitioners and they are willing to pay Rs.3 lakhs within one month from today.

¶27

After having heard the learned counsel for the petitioners and the learned Public Prosecutor and after having perused the records, it is felt that this is a fit case where the extraordinary jurisdiction under Section 438 of Cr.P.C. needs to be exercised in favour of the petitioners. The petition is allowed as follows:

¶28

The petitioners shall surrender before the

¶29

Investigating Officer on or before 14.1.2013, who after interrogation shall produce them before the Judicial First Class Magistrate's court concerned, which court on an application being moved by the petitioners shall release them on bail on each of them executing a bond for Rs.10,000/- (Rupees Ten

¶30

B.A.No.5985 & 8414 of 2012 :2:

¶31

thousand only) with two solvent sureties each for the like sum each to the satisfaction of the JFCM concerned.

¶32

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

¶33

The petitioners shall appear before the Investigating Officer for interrogation as and when required by him.

¶34

The petitioners shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.

¶35

The petitioners shall deposit a sum of Rs.3,00,000/(Rupees Three lakhs only) within one month from today.

¶36

If any of the condition is violated, the bail granted shall stand cancelled and the JFCM concerned, of being satisfied of the said fact, may take such proceedings as are available to him in law.

¶37

P.BHAVADASAN,

¶38

Judge.

¶39

okb.

Mrs.Kiruba John v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mrs.Kiruba John 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

Philips Thomas Vs State of Kerala

T.B.Majeed Vs State

Ajimon Vs State of Kerala

Kora Vs State of Kerala

Unnikrishnan Vs Sub Inspector of Police

Shinu Abraham Vs State of Kerala