In bail application filed as accused under sections 143, 147, 148, 341, 323, 324, 326, 294(b), and 308 IPC, the Hon'ble Court allowed bail on conditions including deposit of security and appearance before the Investigating Officer.
The petitioner shall be released on bail on executing bond for Rs.50,000/ with two solvent sureties.
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. BABU
TUESDAY, THE 2ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945
BAIL APPL. NO. 2119 OF 2023
(CRIME NO.1180 OF 2022 OF KODUNGALLUR POLICE STATION,
THRISSUR)
PETITIONER/S:
VYSHAK C V
AGED 22 YEARS
CHENTHURATHY HOUSE, PULLUT P.O, THRISSUR
DISTRICT, PIN - 680663
BY ADVS.
K.MOHAMMED RAFEEQ
VISHNUMAYA ANANDAN
P.M.MATHEW
SANALDEV E.P.
AMARNATH R LAL
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 6820312 STATION HOUSE OFFICER KODUNGALLOOR POLICE STATION, THRISSUR DISTRICT, PIN - 680664BY ADV PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 02.05.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
B.A No.2119 of 2023
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K.BABU, J.
B.A No.2119 of 2023
Dated this the 2nd day of May, 2023
O R D E R
This is an application filed under Section 439 of the Code of Criminal Procedure.
B.A No.2119 of 2023
..3..
committed the above acts in furtherance of their common intention and with the knowledge that if they by that act caused death of the defacto complainant, they would be guilty of culpable homicide not amounting to murder.
Having regard to the stage of investigation and the tenure of judicial custody undergone by the petitioner, I am of the view that the petitioner is entitled to be released on bail on conditions.
..4..
B.A No.2119 of 2023
In the result, the Bail Application is allowed as follows:
(b) The petitioner shall not intimidate the witnesses or tamper with evidence. He shall cooperate with the investigation and shall be available for trial. He shall appear before the Investigating Officer on all Mondays between 10 A.M. and 11 A.M. for a period of six weeks and also appear before the Investigating Officer as and when directed.
B.A No.2119 of 2023
..5..
K.BABU, JUDGE
kkj
B.A No.2119 of 2023
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APPENDIX OF BAIL APPL. 2119/2023
PETITIONER ANNEXURES
Annexure-1TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 1180/2022 OF
KODUNGALLOOR POLICE STATION, THRISSUR
DISTRICT
Annexure2TRUE COPY OF THE FIRST INFORMATION
STATEMENT IN CRIME NO. 1180/2022 OF
KODUNGALLOOR POLICE STATION, THRISSUR
DISTRICT
Annexure A3TRUE COPY OF OF BAIL ORDER DATED
03.03.2023 IN BA NO. 1586/2023 ON THE
FILE OF THIS HONOURABLE COURT.
2 issues framed by the court
Whether the petitioner is entitled to be released on bail considering the stage of investigation and duration of custody.
What conditions should be imposed on the petitioner while granting bail.
1 provisions across 1 enactments
VYSHAK C V
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
STATION HOUSE OFFICER KODUNGALLOOR POLICE STATION
K. BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court