Bail application filed by accused persons charged with kidnapping, cheating, robbery and criminal conspiracy. High Court granted bail with strict conditions requiring appearance to IO and non-interference with witnesses. Bond fixed at Rs. 50,000 each with sureties.
Bail granted to the petitioners on a bond of Rs. 50,000 each with two solvent sureties.
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 A.HARIPRASAD
TUESDAY, THE 1ST DAY OF SEPTEMBER 2015/10TH BHADRA, 1937
Bail Appl..No. 5015 of 2015
CRIME NO. 261/2007 OF CHERPULASSERY POLICE STATION, PALAKKAD DISTRICT
PETITIONER(S)/ACCUSED 17 AND 18 :
1. SURESH, AGED 45 YEARS, S/O.SUBRAN, MUPLIYAN VEEDU, KAVANAD, VATEKKAD, KODAKARA, THRISSUR DISTRICT.
2. T.A.BABU, AGED 48 YEARS, S/O.AYYAPPAKUTTY, THRIPPANATH HOSUE, KANAKAMALA P.O., KODAKARA VILLAGE, THRISSUR DISTRICT.
BY ADV. SRI.P.K.ANIL
RESPONDENT(S)/COMPLAINANT/STATE :
1. THE SUB INSPECTOR OF POLICE, CHERPULASSERY POLICE STATION-679 509.
2. THE DEPUTY SUPERINTENDENT OF POLICE, SHORNUR POLICE STATION-679 121.
3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
A. HARIPRASAD, J.
Bail Appl. No.5015 of 2015
Dated this the 1st day of September 2015
O R D E R
Petition filed under Sec.439 Cr.P.C.
Crime No.261 of 2007 of Cherpulassery Police station registered for the offences under Secs.120(b), 201, 364 and 395 of the Indian Penal Code. The prosecution case is that on 15.07.2007 at 7.30 a.m., while the defacto complainant was travelling in a bus, he was restrained by the accused persons in furtherance of their common intention and abducted the defacto complainant.
Bail Appl. No.5015 of 2015 2
Sessions Court, Palakkad. What is remaining in this case is the recovery of articles said to have been robbed.
Considering the stage of investigation and also the fact that the petitioners have been in custody since 09.07.2015 and 10.07.2015 respectively, bail is granted to them with the following strict conditions.
i. The petitioners shall be released on bail on their executing a bond for Rs.50,000/(Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction.
ii. The sureties shall produce documents to establish their identity and solvency.
iii. The learned Magistrate need not insist on solvency certificate but there must be sufficient documents to reveal the identity and solvency of the sureties.
iv. The petitioners shall appear before the Investigating Officer between 10.00 a.m. and
Bail Appl. No.5015 of 2015 3
11.00 a.m. on every Sunday until final report is filed.
v. The petitioners shall not intimidate or attempt to influence the witnesses, nor shall they tamper with the evidence.
vi. The petitioners shall not involve in any
other offence during the period of bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this Court.
Sd/-
A. HARIPRASAD JUDGE
/ True Copy /
NS
P.A. To Judge
2 issues framed by the court
Whether the petitioners are entitled to bail in the given facts.
Whether bond conditions are imposed upon granting bail.
2 provisions across 2 enactments
Suresh
T.A.Babu
State of Kerala
A. Hariprasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
