The High Court of Kerala allowed a bail petition for the first accused in an IPC cheating case. Relying on the default bail provision, the court granted bail subject to standard conditions including bond payment, surety, and non-interference.
Petitioner released on bail on bond of Rs.50,000 with two solvent sureties each for the like sum.
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
WEDNESDAY, THE 24TH DAY OF JANUARY 2018 / 4TH MAGHA, 1939 Bail Appl..No. 275 of 2018
CRIME NO.750/2016 OF TIRUR POLICE STATION, MALAPPURAM DISTRICT
PETITIONER/1ST ACCUSED:
JAYACHANDRAN, AGED 37 YEARS, S/O.VASU, MUTHIYERI HOUSE, ONAKKAD, OZHOOR P.O, MALAPPURAM DISTRICT.
BY ADV.SRI.JAMSHEED HAFIZ
RESPONDENT/COMPLAINANT:
THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
RAJA VIJAYARAGHAVAN V, J
B.A No.275 of 2018
Dated this the 24th day of January, 2018
ORDER
B.A No.275 of 2018
2
be subject to the following conditions.
a)The petitioner shall be released on bail, if not required to be detained otherwise, 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 court having jurisdiction.
b) The petitioner shall appear before the Investigating Officer as and when directed.
c)The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
d)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.
e) The petitioner shall not commit any offence while he is on bail.
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.
RAJA VIJAYARAGHAVAN V, JUDGE
//TRUE COPY// P.A TO JUDGE
AD
1 issue framed by the court
Whether the petitioner is entitled to statutory bail under Section 167(2)(a)(ii) Cr.P.C. given the non-filing of the charge sheet beyond 60 days of remand.
3 provisions across 2 enactments
JAYACHANDRAN
THE STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
