Sabhapathi v. State of Kerala
Case brief
What is this about?
Petitioners, accused in a criminal case, challenged bail conditions imposed by the lower court. They argued that requiring sureties to be permanent residents of Ernakulam with landed properties was impossible. The High Court modified the conditions, allowing sureties from Palakkad District with landed properties and requiring bank guarantees.
What did the court decide?
Modified bail conditions: discontinued requirement for sureties to be from Ernakulam; allowed sureties from Palakkad District with landed properties and solvency of Rs. 50,000; directed each accused t
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.K.MOHANAN
WEDNESDAY, THE 3RD DAY OF JULY 2013/12TH ASHADHA, 1935
Crl.MC.No. 1783 of 2013 ()
(AGAINST THE ORDER/JUDGMENT IN CRMC.NO. 435/2013 OF SESSIONS COURT, ERNAKULAM DATED 08-03-2013) CRIME NO. 1481/2012 OF PANANGAD POLICE STATION , ERNAKULAM
PETITIONER(S)/ACCUSED 1 TO 5 :
1. SABHAPATHI, AGED ABOUT 30 YEARS,
- S/O.VELU, NADU THERU, KATANDI KUPPAM,
- KADAMPULIOOR POST, CUDDALORE DISTRICT, TAMIL NADU.
2. EZHIL RAJA, AGED ABOUT 42 YEARS,
Issues for consideration
3 issues framed by the court
Whether the strict bail conditions imposed by the lower court regarding sureties being permanent residents of Ernakulam with landed properties can be modified.
Whether the petitioners are entitled to grant bail with modified conditions involving sureties from Palakkad District and bank guarantees.
How to balance the interest of the prosecution against the petitioners' right to enjoy the benefit of granted bail.
Parties & counsel
- petitioner
SABHAPATHI AND OTHERS
- respondent
THE STATE OF KERALA
Coram
V.K. MOHANAN
Case details
As recorded by the court registry
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