The High Court disposed of connected bail applications filed by an accused who had surrendered. Finding that his further detention was not necessary as co-accused were convicted, the court granted bail subject to standard conditions.
Petitioner released on bail executing a bond of Rs.50,000 with two solvent sureties on standard 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 K.ABRAHAM MATHEW
WEDNESDAY, THE 21ST DAY OF OCTOBER 2015/29TH ASWINA, 1937
Bail Appl..No. 6676 of 2015
CRIME NO. 322/2007 OF HOSDURG POLICE STATION , KASARGOD
PETITIONER(S)/ACCUSED:
V.BALACHANDRAN, AGED 48 YEARS, S/O.KRISHNAN, VAININGATTU, PUTHUKAI VILLAGE NOW RESIDING AT PULLUR, PULLUR VILLAGE, P.O.HARIPURAM.
BY ADV. SRI.T.K.VIPINDAS
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.H.O. HOSDURG POLICE STATION, KASARAGOD DISTRICT-671123.
BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-10-2015, ALONG WITH BA.NO.6677/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - - B.A. Nos.6676 of 2015, 6677 of 2015, 6678 of 2015, 6679 of 2015, 6680 of 2015, 6681 of 2015, 6685 of 2015, 6686 of 2015, 6697 of 2015, 6698 of 2015, 6700 of 2015, 6704 of 2015, 6707 of 2015, 6708 of 2015, 6723 of 2015, 6724 of 2015, 6725 of 2015, 6726 of 2015, 6730 of 2015, 6731 of 2015, 6739 of 2015, 6740 of 2015, 6743 of 2015, 6754 of 2015, 6757 of 2015, 6758 of 2015, 6759 of 2015, 6760 of 2015, 6761 of 2015 6762 of 2015, 6763 of 2015, 6766 of 2015, 6767 of 2015
- - - - - - - - - - - - - - - - - - - - - - -
Dated this the 21st day of October, 2015
C O M M O N O R D E R
Petition filed under Section 439 Cr.P.C.
No.291 of 2007 of Hosdurg police station registered for the
offence under Section 420 of the Indian Penal Code.
As the petitioner was absconding the case against him was split up and the other accused were tried. The case against the petitioner was removed to register of long pending cases. The petitioner surrendered before the court on 19.09.2015. His case is that he was working in Bengaluru and he was not involved in conducting the chitty, which the subject matter of the cases. In some of
B.A. Nos.6676 of 2015, 6677 of 2015, 6678 of 2015, 6679 of 2015, 6680 of 2015, 6681 of 2015, 6685 of 2015, 6686 of 2015, 6697 of 2015, 6698 of 2015, 6700 of 2015, 6704 of 2015, 6707 of 2015, 6708 of 2015, 6723 of 2015, 6724 of 2015, 6725 of 2015, 6726 of 2015, 6730 of 2015, 6731 of 2015, 6739 of 2015, 6740 of 2015, 6743 of 2015, 6754 of 2015, 6757 of 2015, 6758 of 2015, 6759 of 2015, 6760 of 2015, 6761 of 2015 6762 of 2015, 6763 of 2015, 6766 of 2015, 6767 of 2015 2
the cases one of the co-accused was convicted. It appears
that his further detention is not necessary.
In the result, these applications are allowed.
The petitioner will be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.
between 11 a.m and 12 noon every Wednesday for four months, or till the final report is filed, whichever is earlier.
witnesses, nor shall he while on bail, get himself involved in any criminal case; nor shall he destroy or attempt to destroy the evidence or interfere with the investigation.
court concerned of if he does not have one, he shall file an affidavit to that effect within five days of his release.
B.A. Nos.6676 of 2015, 6677 of 2015, 6678 of 2015, 6679 of 2015, 6680 of 2015, 6681 of 2015, 6685 of 2015, 6686 of 2015, 6697 of 2015, 6698 of 2015, 6700 of 2015, 6704 of 2015, 6707 of 2015, 6708 of 2015, 6723 of 2015, 6724 of 2015, 6725 of 2015, 6726 of 2015, 6730 of 2015, 6731 of 2015, 6739 of 2015, 6740 of 2015, 6743 of 2015, 6754 of 2015, 6757 of 2015, 6758 of 2015, 6759 of 2015, 6760 of 2015, 6761 of 2015 6762 of 2015, 6763 of 2015, 6766 of 2015, 6767 of 2015 3
permission of the court of enquiry or trial court as the case
may be.
If the petitioner violates any of the above conditions,
the court of enquiry/trial is empowered to cancel the bail in
accordance with the law.
sd/-
K. ABRAHAM MATHEW JUDGE
R.AV
//True Copy//
PA to Judge
2 issues framed by the court
Whether bail should be granted to the accused in a cheating case where he surrendered having been declared absconding.
Whether the accused who was tried jointly but removed from scrutiny due to absence has any ground to be excluded from bail conditions imposed on co-accused.
1 provisions across 1 enactments
V.BALACHANDRAN
STATE OF KERALA
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
