Bail application by the 5th accused in a theft case. Court allowed bail subject to surrender for interrogation, bond, sureties, and specific reporting conditions.
Application allowed; bail granted subject to surrender for interrogation, bond of Rs.20,000 with two sureties, and conditions of alternate Saturday reporting.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
MONDAY, THE 26TH DAY OF MAY 2014/5TH JYAISHTA, 1936
Bail Appl..No. 3083 of 2014 ()
CRIME NO. 230/2014 OF VEEYAPURAM POLICE STATION, ALAPPUZHA
PETITIONER/5TH ACCUSED:
JERIN T CHACKO AGED 25 YEARS S/O.V.C.CHACKO, VANIYAPURAYIL HOUSE, KIZHAKKUM BHAGAM P.O., THIRUVALLA, NIRANAM ALAPPUZHA DISTRICT.
BY ADV. SRI.P.SREEKUMAR
RESPONDENT/COMPLAINANT:
--------------------------------------------
1. SUB INSPECTOR OF POLICE VEEYAPURAM POLICE STATION, ALAPPUZHA DISTRICT PIN 688001.
2. STATE OF KERALA
BY PUBLIC PROSECUTOR SMT. LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-05-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BP
THOMAS P. JOSEPH, J.
--------------------------------
Bail Appl. No. 3083 of 2014
Dated this the 26th day of May 2014
O R D E R
Petitioner is the 5th accused in Crime No.230 of
2014 of the Veeyapuram Police station for the offence punishable under Sec.379 read with Sec.34 of the Indian Penal Code, apprehends arrest and has filed the application.
are not true. It is submitted that the petitioner is an MBA student and is implicated only for the reason that one of the other accused was seen riding the motorcycle of the petitioner.
and that the material objects are recovered. Petitioner is
Bail Appl. No. 3083 of 2014 2
not reported to be involved in any other case from the Veeyapuram Police station. Hence, I am inclined to grant relief to the petitioner but subject to conditions.
The application is allowed as under.
officer investigating Crime No.230 of 2014 of the Veeyapuram Police station on 30.05.2014 at 10.00 am for interrogation.
is not completed that day, it is open to the investigating officer to direct presence of the petitioner on any other day/days and time which the petitioner shall comply.
Bail Appl. No. 3083 of 2014 3
thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:
a) One of the sureties shall be a close relative of the petitioner.
b) Petitioner shall report to the investigating officer on every alternate Saturday between 10.00 am and 12.00 pm for
a period of two months or until filing of the final report, whichever is earlier.
c) Petitioner shall report to the
investigating officer as and when required for interrogation.
d) Petitioner shall not get involved any offence during the period of this bail.
e) Petitioner shall not intimidate or influence the witnesses.
f) In case any of condition nos.(b) to (e) is violated, it is open to the investigating officer
Bail Appl. No. 3083 of 2014 4
to file application before the learned magistrate for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of
Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P. JOSEPH JUDGE
/ True Copy /
NS
P.A. To Judge
2 issues framed by the court
Whether bail should be granted to the 5th accused apprehending arrest in a case of theft.
What conditions should be imposed on the grant of bail.
Colour shows how this judgement treated each authority
P.K. Shaji V. State of KeralaReferred¶50
P.K. Shaji V. State of Kerala (AIR 2006 SC 100) · Who else cites this
1 provisions across 1 enactments
JERIN T CHACKO
STATE OF KERALA
THOMAS P. JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
