Allowed

Pramod v. State Ofkerala

Kerala HC4 Feb 2014Bail Appl./468/2014

Case brief

AI extract

What is this about?

This High Court order allows bail for the 12th accused in a murder conspiracy case culminating in the killing of a fellow accused in custody. The applicant, charged under Sections 302, 120B, and 118 of the IPC, was granted bail on ₹35,000 with specific reporting and movement restrictions.

What did the court decide?

Petitioner granted bail on bond for Rs. 35,000 with three sureties for Rs. 35,000 each, to report on Mondays and Saturdays and not enter Palakkad District.

Pramod Vs State Ofkerala — Murder and Culpable Homicide | Kerala HC (2014)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH

¶4

TUESDAY, THE 4TH DAY OF FEBRUARY 2014/15TH MAGHA, 1935

¶5

Bail Appl..No. 468 of 2014 ()

¶6

CRIME NO. 2181/2013 OF PALAKKAD TOWN SOUTH POLICE STATION , PALAKKAD

¶7

PETITIOENR/ACCUSED A-12:

¶8

PRAMOD,AGED 26 YEARS,S/O.RAJAGOPALAN, PUTHANPURA,KARIRAMKATTU HOUSE, KUZHALMANNAM,ALATHUR TALUK.

¶9

BY ADVS.SRI.K.ANAND SRI.BENNY ANTONY PAREL SRI.N.RAJESH (PALAKKAD)

¶10

RESPONDENTS/STATE & COMPLAINANT:

¶11

1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031

¶12

2. THE SUB INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION, PALAKKAD DISTRICT- 678 001

¶13

R1 & R2 BY PUBLIC PROSECUTOR SRI.C.RASHEED

¶14

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-02-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶15

sts

¶16

THOMAS P. JOSEPH, J.

¶17

--------------------------------

¶18

Bail Appl. No.468 of 2014

¶19

Dated this the 4^th day of February 2014

¶20

O R D E R

¶21

Petitioner is the 12^th accused in Crime No.2181 of

¶22

2013 of the Palakkad Town South Police station for the offences punishable under Secs.118, 120B and 302 read with Sec.34 of the Indian Penal Code, is in custody from 03.12.2013 and seeks bail.

¶23

Learned Public Prosecutor has opposed the application. It is submitted that on 18.11.2013 at the relevant time the accused persons pursuant to a criminal conspiracy committed murder of Prakashan who was accused in Crime No.698 of 2013 while he was in judicial custody and was being taken from the Sub Jail to the Court. It is submitted that the investigation of the case is not completed.

¶24

Learned counsel submitted that even as per the prosecution case, the petitioner is not directly involved in execution of murder.

¶25

Having heard both sides and having regard to the relevant circumstances so far the petitioner is concerned, I am inclined to think that his further detention is not required and that he could be released on bail subject to stringent

¶26

Bail Appl. No.468 of 2014 2

¶27

conditions so that such incidents do not recur and the investigation is not affected.

¶28

The application is allowed as under.

¶29

Petitioner is granted bail in Crime No.2181 of 2013 of the Palakkad Town South Police station and shall be released, if not required to be detained otherwise on his executing bond for Rs.35,000/(Rupees Thirty five thousand only) with three sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:

¶30

(a) One of the sureties shall be the father/brother/mother of the petitioner whether or not he/she has landed properties.

¶31

(b) Petitioner shall report to the SHO, Pazhayanoor Police station on every Monday and Saturday between 04.00 pm and 05.00 pm until otherwise ordered by the jurisdictional magistrate until committal of the case and thereafter by the learned Principal Sessions Judge concerned.

¶32

¶33

(d) Petitioner, except if necessary for

¶34

Bail Appl. No.468 of 2014 3

¶35

compliance of conditions nos.(a) and (b) shall not, until otherwise ordered by and except with the permission of the learned magistrate/Principal Sessions Judge as aforesaid enter Palakkad District (unless it is to attend any Court).

¶36

(e) Petitioner shall not get involved in any offence during the period of this bail.

¶37

(f) Petitioner shall not intimidate or influence the witnesses.

¶38

(g) In case any of condition nos.(b) to (f) is violated, it is open to the investigating officer to file application before the learned magistrate/ Principal Sessions Judge as aforesaid for cancellation of the bail granted hereby, as held in P.K. Shaji V. State

¶39

of Kerala (AIR 2006 SC 100).

¶40

Sd/-

¶41

THOMAS P. JOSEPH JUDGE

¶42

/True Copy /

¶43

¶44

P.A. To Judge

Pramod v. State Ofkerala

Case brief

What is this about?

What did the court decide?

Pramod v. State Ofkerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Antony Raj Alias Tony Vs State of Kerala

Sankaran. @ Retnakaran Vs State of Kerala

Mahesh Kumar Vs State of Kerala

Manoj Vs State of Kerala

Renganadhan Vs State of Kerala

Ajesh Vs State of Kerala