Allowed

Dr.K.K.Varghese v. State of Kerala

Kerala HC12 Jun 2019Bail Appl./2514/2019

Case brief

AI extract

What is this about?

The High Court allowed a bail application under Section 438 Cr.P.C. for the petitioner, an accused in an Arms Act case involving unlicensed firearms. Considering his advanced age and lack of criminal record, the court directed his release upon execution of a bond.

What did the court decide?

Petitioner to be released on bail on execution of a bond for Rs.40,000 with two solvent sureties.

Dr.K.K.Varghese Vs State of Kerala — Bail and Remand | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

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WEDNESDAY, THE 12TH DAY OF JUNE 2019 / 22ND JYAISHTA, 1941

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Bail Appl..No. 2514 of 2019

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CRIME NO. 114/2019 OF Santhanpara Police Station , Idukki

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PETITIONER/S:

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DR.K.K.VARGHESE AGED 74 YEARS

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S/O LATE K.V.KORETH, KOCHAKKAN HOUSE, MANGANAM P.O., KOTTAYAM-686 018.

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BY ADV. SMT.MARIAN G.M.THARAKAN

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 018.

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2 INSPECTOR S.H.O OF POLICE SANTHANPARA POLCIE STATION, ERNAKULAM DISTRICT, PIN-685 553.

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OTHER PRESENT:

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SRI.C.S.HRITHWIK,PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Case No. BA 2514/19

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O R D E R

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The petitioner is the accused in Crime No.114 of 2019 of Santhanpara Police Station registered for the offence punishable under Section 25(1B)(a) of Arms Act.

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The prosecution allegation can be briefly stated

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thus:-

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In connection with the investigation relating to the death of the son of the petitioner, the police searched the house of the petitioner on 13.1.2019. Then two guns were found in the said house. One gun was not having any licence. The other gun was having a licence, which expired on 31.12.2015.

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The petitioner has filed this application praying for

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the relief under Section 438 Cr.P.C.

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Heard

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Case No. BA 2514/19

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The learned Public Prosecutor has submitted that

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the petitioner has no criminal antecedent. The petitioner is aged 74 years. Considering the facts and circumstances of the case, including the age of the petitioner and also taking into consideration of the fact that the petitioner has no criminal antecedent, I am of the view that an order under Section 438 Cr.P.C. in favour of the petitioner will be justified in this case.

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In the result, this application stands allowed and the respondents are directed to release the petitioner on bail in the event of his arrest in connection with the above Crime on condition of the petitioner executing a bond for Rs.40,000/-(Rupees forty thousand only), with two solvent sureties, each for the like sum to the satisfaction of the 2^nd respondent, before whom the petitioner shall surrender

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Case No. BA 2514/19

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-4-

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within fifteen days, if not arrested in the meantime and subject to the following conditions:

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(i) The petitioner shall report before the Investigating Officer as and when required by the Investigating Officer for interrogation.

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(ii) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.

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(iii) The petitioner shall not get involved in any other offence during the pendency of this case.

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B. SUDHEENDRA KUMAR, JUDGE .

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dl/

Dr.K.K.Varghese v. State of Kerala

Case brief

What is this about?

What did the court decide?

Dr.K.K.Varghese v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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