The court granted interim bail to the 2nd accused, who was in judicial custody for over a month, noting the advanced investigation stage and duration of det
Petitioner released on bail on executing a bond for Rs. 50,000 with two solvent sureties each for Rs. 50,000, subject to conditions of appearance and conduct.
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
MONDAY, THE 15TH DAY OF JANUARY 2018 / 25TH POUSHA, 1939
Bail Appl..No. 160 of 2018
(CRIME NO. 1944/2017 OF PARAVOOR POLICE STATION, KOLLAM.)
PETITIONER/ACCUSED NO. 2:
ATHUL @ MONKUTTAN AGED 28 YEARS, S/O. MOHANAN, SUMITHA VILASAM, NEAR UPPUKADAVU, NEDUNGOLAM CHERY, PARAVOOR, KOLLAM.
BY ADVS.SRI.VIPIN NARAYAN SMT.MITHA SUDHINDRAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR MR. SAJJU S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RAJA VIJAYARAGHAVAN V, J
B.A No.160 of 2018
Dated this the 15th day of January, 2018
ORDER
B.A No.160 of 2018
2
prayed that he be released on bail.
1).The petitioner shall be released on bail on his executing a bond for Rs.50,000/(Rupees Fifty thousand only) with two
B.A No.160 of 2018
3
solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
2). The petitioner shall appear before the Investigating Officer on all Saturdays between 9 AM and 11 AM, for 2 months or till final report is filed, whichever is earlier.
3)The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
4). The petitioner shall not commit any offence while he is on bail.
5)The petitioner shall surrender his passport before the court below or if he does not have one, he shall file an affidavit to that effect within five days of his release. Application for release of the passport, if any, shall be considered by the Trial court at the appropriate stage.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
Sd/- RAJA VIJAYARAGHAVAN V, JUDGE
ps/15/1/2018
2 issues framed by the court
Whether bail should be granted to the 2nd accused considering the stage of investigation and duration of custody.
Whether the earlier dismissal of bail application precludes granting bail after a long delay in investigation.
2 provisions across 2 enactments
ATHUL @ MONKUTTAN
STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
