High Court of Kerala dismissed no finding; allowed bail application for a petitioner charged in an SC/ST atrocity case, ordering strict conditions including bond, reports, and non-interference with witnesses.
Petitioner enlarged on bail on executing a bond of `1,00,000/- with two solvent sureties for the like sum each and complying with six conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
WEDNESDAY, THE 21ST DAY OF JANUARY 2015/1ST MAGHA, 1936
Bail Appl..No. 150 of 2015 ()
-----------------------------(CRL.M.P.NO.5517 IN SC.NO. 1126/2014 OF DISTRICT & SESSIONS COURT, ALAPPUZHA)
PETITIONER/5TH ACCUSED :
OMANAKUTTAN, S/O. RAJAPPAN,AGED 39 YEARS, KANDATHIL PARAMBIL, WARD NO.X, KARUVATTA PANCHAYATH.
BY ADVS.SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA
RESPONDENT/COMPLAINANT :
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
B.KEMAL PASHA, J.
................................................................ B.A. No.150 OF 2015
............................................................... Dated this the 21st day of January, 2015
O R D E R
Petition filed under Section 439 Cr.P.C.
also split up as he was also absconding and the same is
B.A.No. 150 of 2015
-: 2 :-
refiled and presently pending as S.C.1125/2014. It seems that almost all the other accused in the case were tried and they were acquitted. The petitioner has surrendered before the court below on 23.12.2014 and thereafter he has been remanded to judicial custody.
the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11
B.A.No. 150 of 2015
-: 3 :-
a.m. on all Wednesdays and Saturdays commencing from 28.01.2015 for a period of six months.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall surrender his passport before the court below. In case he has no passport, an affidavit to that effect shall be filed.
(iv) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(v) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the
conditions stipulated above will result in the cancellation of bail.
Sd/- B.KEMAL PASHA, JUDGE
ul/-
[True copy] P.S. to Judge
1 issue framed by the court
Whether the petitioner, a fifth accused absconding and later surrendered in a case involving SC/ST atrocities, can be enlarged on bail.
3 provisions across 3 enactments
OMANAKUTTAN, S/O. RAJAPPAN
STATE OF KERALA
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
