High Court granted interim bail for 10 days to fourth accused in murder trial, noting his long incarceration and sick father, though rejecting regular bail due to nature of allegations.
Interim bail granted for 10 days on executiing Rs 1,00,000 bond with two solvents 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 RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 18THDAY OF JANUARY 2023 / 28TH POUSHA,1944
BAIL APPL. NO. 217 OF 2023
AGAINST THE ORDER/JUDGMENTSC 901/2018 OF I ADDITIONAL DISTRICT COURT, TRIVANDRUM Bail Appl. 4921/2022 OF HIGH COURT OF KERALA
PETITIONER/S:
THANSEER
AGED 25 YEARS
S/O KUNJUMON,KOCHAYYATHU THEKKATHIL,
PUTHENTHERUVU, ADINADU VILLAGE,
KARUNAGAPPALLY, KOLLAM, PIN - 690539
BY ADVS.
OMAR SALIM
A.N.BIJU
ASHISH ABY DAVID
ABDULLA ZIYAD
RESPONDENT/S:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM, PIN - 682031
2CIRCLE INSPECTOR OF POLICE
PALLICKAL POLICE STATION,
THIRUVANANTHAPURAM, PIN - 695604
BY ADV PUBLIC PROSECUTOR
SMT NISHA BOSE SR PP
THISBAILAPPLICATIONHAVINGCOMEUPFORADMISSIONON
18.01.2023,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:
BAIL APPL. NO. 217 OF 2023
2
ORDER
The applicant herein is the 4th accused in S.C. No. 901/2018 on the file of the Additional District and Sessions Judge-I, Thiruvananthapuram. He has been charge-sheeted for having committed offence punishable under Section 302, 307, 120B, 449, 201, 202, and 212 r/w Section 34 of the IPC.
BAIL APPL. NO. 217 OF 2023
3
incarceration he had undergone and the stage of trial, it is only just and proper that he may be released on bail. The learned counsel submits that the petitioner is prepared to abide by any conditions that may be imposed upon by this Court to ensure that he does not abscond.
petitioner and the circumstances which persuaded this court to dismiss
BAIL APPL. NO. 217 OF 2023
4
his bail applications on earlier occasions, I am of the view that the petitioner has not made out a case for grant of regular bail at this stage. However, from the report submitted before this Court by the Sub Inspector of Police, it appears that the father of the petitioner is sick and ailing. I also find that the petitioner has been undergoing incarceration since 10.04.2018. In that view of the matter, I am of the view that interim bail can be granted to the petitioner for ten days.
In the result, this application will stand partly allowed. The Trial Court shall release the applicant provisionally on interim bail for a period of 10 days on his executing a bond for a sum of Rs.1,00,000/-(Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the court. It is made clear that the trial court would be at liberty to impose appropriate conditions to ensure his presence before the court as ordered above on 28.01.2023.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE
avs
BAIL APPL. NO. 217 OF 2023
5
APPENDIX OF BAIL APPL. 217/2023
PETITIONER ANNEXURES
Annexure A1 |
TRUE COPY OF THE ORDER IN BAIL APPLICATION NO:4921/2022 DATED 04-07-2022 |
|---|---|
Annexure A2 |
TRUE COPY OF JUDGEMENT BY HON'BLE ASSISTANTSESSIONS COURT, KARUNAGAPALLY IN SC 330/2018DATED 21-11-2022 |
Annexure A3 |
TRUE COPY OF JUDGEMENT BY HON'BLE ASSISTANTSESSIONS COURT, KARUNAGAPALLY IN SC 415/2018DATED 30-06-2022 |
Annexure A4 |
TRUE COPY OF THE ORDER DATED 12.07.2018 PASSEDBY THE HON'BLE HIGH COURT, ERNAKULAM IN BAILAPPL.NO. 3617/ 2018 |
Annexure A5 |
TRUE COPY OF THE ORDER DATED 17.12.2018 PASSEDBY THE HON'BLE HIGH COURT, ERNAKULAM IN BAILAPPL.NO. 8008/ 2018 |
Annexure A6 |
A TRUE COPY OF THE ORDER DATED 31.01.2019 PASSEDBY THE HON'BLE HIGH COURT, ERNAKULAM IN BAILAPPL.NO.255/ 2019 |
Annexure A7 |
A TRUE COPY OF THE ORDER DATED 03.06.2019 PASSEDBY THE HON'BLE HIGH COURT, ERNAKULAM IN BAILAPPL.NO. 2687/ 2019 |
Annexure A8 |
TRUE COPY OF THE ORDER DATED 24.09.2019 PASSEDBY THE HON'BLE HIGH COURT, ERNAKULAM IN BAILAPPL.NO. 6606/ 2019 |
Annexure A9 |
TRUE COPY OF THE ORDER DATED 21.08.2020 PASSEDBY THE HON'BLE HIGH COURT, ERNAKULAM IN BAILAPPL.NO. 4486/ 2020 |
2 issues framed by the court
Whether the petitioner is eligible for interim bail considering his long incarceration and the ailing health of his father.
Whether the fact that the petitioner is the fourth accused and other prime accused are in custody warrants regular bail.
3 provisions across 1 enactments
THANSEER
1STATE OF KERALA
2CIRCLE INSPECTOR OF POLICE
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court