Allowed

Majiziya Bhanu v. State of Kerala

Kerala HC1 Oct 2013Bail Appl./6177/2013

Case brief

AI extract

What is this about?

The petitioner, second accused in a criminal case involving offences under IPC Sections 369 and 392, sought regular bail. Finding that investigation and recoveries were completed and continued custody unnecessary, the court allowed the application on stringent conditions.

What did the court decide?

Petitioner released on bail on executing a bond of Rs. 25,000/- with two sureties for the like sum each, subject to conditions of reporting and non-tampering.

Majiziya Bhanu Vs State of Kerala — Anticipatory Bail | 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 1ST DAY OF OCTOBER 2013/9TH ASWINA, 1935

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Bail Appl..No. 6177 of 2013 ()

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CRIME NO. 415/2013 OF CHOMBALA POLICE STATION , KOZHIKODE

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PETITIONER/SUSPECTED ACCUSED:

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MAJIZIYA BHANU, D/O.MAJEED, AGED 22 YEARS, MEDICAL STUDENT, RESIDING AT KALLERI MOYILOTH HOUSE, ERAMALA VILLAGE, ORKKATTERI DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT.

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BY ADV. SRI.U.K.DEVIDAS

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RESPONDENT(S):

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STATE OF KERALA, REPRESENTED BY SHO CHOMBAL POLICE STATION, THROUGH GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-10-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P. BHAVADASAN, J.

B.A. No. 6177 of 2013

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Dated this the 1^st day of October, 2013.

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ORDER

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The petitioner, who is the second accused in Crime

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No. 415 of 2013 of Chombal Police Station, stands accused of

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having committed offences punishable under Sections 369 and

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392 read with Section 34 of Indian Penal Code.

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It is unnecessary to go into the details of the

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case for the simple reason that that exercise has already been undertaken by this Court while dealing with an anticipatory bail application filed by the petitioner. After elaborately considering the allegations, that petition was dismissed. Subsequently the petitioner has been arrested and she is in custody from 3.9.2013. It is pointed out that recoveries are over and continued custody of the petitioner is unnecessary.

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B.A.6177/2013.

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Learned Public Prosecutor opposed the petition

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and pointed out that investigation is going on.

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After having heard learned counsel for the petitioner and the learned Public Prosecutor and having perused the records, the claim of the petitioner that she is totally innocent cannot be accepted. This court had occasion to consider the issue involved on an earlier occasion as already mentioned. Whatever that be, petitioner has been in custody from 3.9.2013. Since all recoveries have been effected as per the instructions given by the Public Prosecutor and since a good part of the investigation has been completed , 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 her 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 court concerned.

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B.A.6177/2013.

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ii) The court concerned 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 Wednesday 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 court concerned may take such steps as are available in law.

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P. BHAVADASAN, JUDGE

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sb.

Majiziya Bhanu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Majiziya Bhanu v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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