BAIL APPL No. 1312 of 2007 · Kerala High Court
Case at a glance
Outcome
Allowed
This application is allowed as above
Provisions considered
- Code of Criminal Procedure, 1973 ss. 167(2), 439
- Indian Penal Code, 1860 s. 34
Key paragraphs
- Para 44. Accordingly, the petitioners are directed to be released on BA.1312/07: 2 :bail on each of them executing a bond for Rs.20,000/- (Rupees twentythousand only) with two solvent sureties each for the like amount to thesatisfaction of the J.F.C.M.-II, Kannur and subject to the followingconditions:a.Petitioners…
Judgment
V. RAMKUMAR, J.````````````````````````````````````````````````````B.A. No. 1312 OF 2007 ````````````````````````````````````````````````````Dated this the 6th day of March, 2007
O R D E RIn this Petition filed under Sec. 439 Cr.P.C. the petitioners, who are accused Nos.1, 4 and 6 in Crime No.589/2006 of Valapattanam Police Station subsequently taken over by the CBCID,SIG3, Kozhikode where it has been registered as No.1/CR/S3/07 foroffences punishable under Secs.489 B and C and 120B read withsection 34 I.P.C., seek their enlargement on bail. The petitioners werearrested on 6.12.2006.
According to the prosecution, 32 counterfeit notes ofRs.100/- denomination and 3 counterfeit notes of Rs.50/- denominationwere seized from the first accused and 5 counterfeit notes of Rs.100/-denomination were seized from each of the accused Nos.4 and 6.
Eventhough the learned Public Prosecutor opposed theapplication submitting, inter alia, that the first accused is involved inanother crime of similar nature, he fairly conceded that no final reporthas been filed even after 90 days of detention of the petitioners. If so, by virtue of the proviso to sec.167(2) Cr.P.C. the petitioners are entitledto be released on bail as of right.
Operative part
Accordingly, the petitioners are directed to be released on BA.1312/07: 2 :bail on each of them executing a bond for Rs.20,000/- (Rupees twentythousand only) with two solvent sureties each for the like amount to thesatisfaction of the J.F.C.M.-II, Kannur and subject to the followingconditions:a.Petitioners shall report before the Investigating Officer between 9 a.m. and 11a.m. on all Wednesdays.b. Petitioners shall not influence orintimidate the prosecution witnesses norshall they attempt to tamper with theevidence for the prosecution.c. Petitioners shall make themself availablefor interrogation as and when required bythe investigating officer.d.Petitioners shall not commit anyoffence while on bail. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. (V. RAMKUMAR, JUDGE)aks
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: This application is allowed as above
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 167(2), 439; Indian Penal Code, 1860 — s. 34.
Which court decided this case, and when?
Kerala High Court, on 06 Mar 2004. The bench was V RAMKUMAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.