Allowing bail in a case involving murder and attempted murder charges where co-accused were acquitted, the court deemed further detention unnecessary, releasing the petitioner with bonded bail conditions.
Petitioner released on bail with executing bond of Rs. 1,00,000, two sureties, and conditions including court appearance and passport surrender.
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 K.ABRAHAM MATHEW
WEDNESDAY, THE 21ST DAY OF OCTOBER 2015/29TH ASWINA, 1937
Bail Appl..No. 6500 of 2015
CRIME NO. 314/1993 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM
PETITIONER(S)/A3:
JAYAPRAKASH S., AGED 56 YEARS, S/O.LATE PONNAMMA, VILAYIL VEEDU, NEAR KAKKATTUMADAM, MARKET ROAD, ATTINGAL, THIRUVANANTHAPURAM.
BY ADVS.SRI.SUMAN CHAKRAVARTHY
SMT.K.R.RIJA
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SRI.C.RASHEED
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
K. ABRAHAM MATHEW, J.
-------------------------
B.A. No.6500 of 2015
Dated this the 21st day of October 2015
O R D E R
Bail application filed under Section 439 Cr.P.C.
No.314 of 1993 of Attingal Police station registered for the offences under Secs.302, 307, 323 and 324 read with Sec.34 of the Indian Penal Code. The case against him was split up and the co-accused were tried in S.C. No.226 of 1995 and S.C. No.925 of 2007. The petitioner surrendered before the Court below on 05.10.2015 and has been in custody since then. It is submitted that the co-accused have been acquitted on finding that the prosecution case is not true.
surrendered before the Court concerned on 05.10.2015. I
have perused Ext.A1 judgment, by which, some of the coaccused were acquitted. It appears that further detention of the petitioner is not necessary.
B.A. No.6500 of 2015 2
In the result, the bail application is allowed.
on his executing a bond for Rs.1,00,000/(Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.
B.A. No.6500 of 2015 3
tamper with evidence nor shall he get himself involved in any other criminal case.
attempt to influence the witnesses.
In case of violation of any of the above conditions,
the learned Magistrate or the Sessions Judge is empowered to cancel the bail in accordance with the law.
Sd/-
K. ABRAHAM MATHEW JUDGE
/ True Copy /
P.A. To Judge
NS
1 issue framed by the court
Whether the petitioner, who surrendered after co-accused were acquitted in a split trial warranting acquittal, warrants bail.
1 provisions across 1 enactments
JAYAPRAKASH S.
STATE OF KERALA
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
