This is an order granting regular bail to two accused persons, Nizam and Lal, charged under Sections 294(b), 341, 308, and 506 of the Indian Penal Code. The court held that continued incarceration was not warranted and released them on bond.
Petitioners released on bail via bond of Rs.25,000 with two sureties, subject to 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 RAJA VIJAYARAGHAVAN V
FRIDAY, THE 6TH DAY OF MAY 2016/16TH VAISAKHA, 1938
Bail Appl..No. 3405 of 2016
CRIME NO. 445/2016 OF KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM
PETITIONER(S)/3RD AND 4TH ACCUSED:
1. NIZAM @ CHINCHILAN, AGED 36 YEARS, S/O. ALI AKBAR, CHERATTUKUZHY THADATHIL VEETIL, VAZHOTTU, NILAMEL DESOM, TRIVANDRUM.
2. LAL, AGED 28 YEARS, S/O.BABY, KOCHUPLAVILA VEETIL, MADADEVESHWARAM, PAZHAYAKUNNUMEL VILLAGE, TRIVANDRUM.
BY ADV. SRI.M.R.SARIN
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. THE SUB INSPECTOR OF POLICE, KILIMANOOR POLICE STATION - 695 001.
BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
RAJA VIJAYARAGHAVAN V, J.
B.A.No.3405 of 2016
Dated this the 6th day of May, 2016
O R D E R
This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure.
B.A.No.3405 of 2016
2
the fact that the petitioners are undergoing incarceration since 13.04.2016, I am of the view that the continued incarceration of the petitioners are not warranted in the facts and circumstances. In the result, the petition is allowed subject to the following conditions :
1). Each petitioner will be released on bail on their executing a bond for Rs.25,000/-(Rupees Twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction. The sureties shall produce documents to establish their identity and solvency. The lower court need not insist on a solvency certificate, but may peruse other vital documents to ascertain whether the sureties are solvent or not.
2). The petitioners shall appear before the Investigating Officer on all Saturdays between 9 AM and 10 AM , for 2 months or till final report is filed, which ever is earlier.
3). The petitioners shall not leave the country without the permission of the concerned Magistrate.
4). The petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.
5). The petitioners shall not commit any offence while they are on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE.
AV
1 issue framed by the court
Whether regular bail should be granted to the accuseds who are under custody.
5 provisions across 2 enactments
Nizam @ Chinchilan and Lal
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
