Single judge granted bail to the petitioner accused of rape to the stage of investigation. Conditions imposed include executing a bond with sureties and reporting weekly to the investigating officer.
Petitioner released on bail upon executing a bond for twenty-five thousand rupees with two solvent sureties and complying with other specific 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 A.HARIPRASAD
THURSDAY, THE 12TH DAY OF NOVEMBER 2015/21ST KARTHIKA, 1937
Bail Appl..No. 6638 of 2015 ()
CRIME NO. 1422/2015 OF TOWN NORTH POLICE STATION, PALAKKAD
PETITIONER :
VINEESH S/O.PARAMAN, AGED 30 YEARS RESIDING AT CHANDRAKALA BHAVAN PECHIYAMMA NAGAR, KALPATHY, PALAKKAD.
BY ADV. SRI.BABY KURIAKOSE
RESPONDENT :
STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, COCHIN – 31.
BY PUBLIC PROSECUTOR SMT. R. REMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
A.HARIPRASAD, J.
B.A.No.6638 of 2015
------------------------------------------------- Dated this the 12th day of November, 2015
O R D E R
Application filed under Section 439 of the Code of Criminal Procedure.
that the entire prosecution case is incorrect and there was no element of rape to implicate the petitioner.
investigation has advanced to a considerable extent.
B.A.No.6638 of 2015
2
stage of investigation, I am inclined to grant bail to the petitioner with the following conditions:
(a) The petitioner shall be released on bail on his executing a bond for `25,000/- (Rupees Twenty Five Thousand Only) with two solvent sureties for the like sum to the satisfaction of the learned magistrate having jurisdiction.
(b) The sureties shall produce documents to establish their identity and solvency. The lower court need not insist on solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.
(c) The petitioner shall appear before the Investigating Officer on all Saturdays between 10.00 a.m and 11.00 a.m. until the final report is filed.
B.A.No.6638 of 2015
3
interfere or meddle with the investigation.
bail get involved in any offence.
In case any of the above conditions is violated, bail
granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate.
Sd/-
A.HARIPRASAD, JUDGE.
AS
/True Copy/
P.A. to Judge
2 issues framed by the court
Whether bail should be granted in the instant proceedings under Section 439 CrPC.
What conditions should be imposed on the petitioner while granting bail.
1 provisions across 1 enactments
VINEESH
STATE OF KERALA
A. HARIPRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
