BAIL APPL No. 2948 of 2009 · Kerala High Court
Case at a glance
- Decided
- 05 Jun 2009
- Bench
- K T SANKARAN
Outcome
Bail granted
The Bail Application is allowed to the extent indicatedabove
Provisions considered
- Code of Criminal Procedure, 1973 s. 438
- Indian Penal Code, 1860 ss. 34, 332, 427
Key paragraphs
- Para 44. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest…
Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 Bail Appl..No. 2948 of 2009() --------------------------------------CRIME NO.221/2009 OF KEEZHVAIPUR POLICE STATION. PETITIONERS/ACCUSED NOS.1&2: -------------------------------------------------- 1. VARGHESE VARGHESE, AGED 49 YEARS, S/O.CHACKO VARGHESE, KURUMPESWARATH HOUSE, KUNNATHANAM P.O. 2. JOHN JOSEPH @ JOHNYKUTTY, AGED 45 YEARS, S/O.JOSEPH, VALIYAKANDATHIL HOUSE, MALLAPPALLY NORTH P.O. BY ADV. SRI.R.SANTHOSH BABU RESPONDENT/COMPLAINANT : --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J.---------------------------B.A. No. 2948 of 2009------------------------------------Dated this the 5th day of June, 2009
O R D E R This is an application for anticipatory bail under Section 438of the Code of Criminal Procedure. The petitioners are accusedNos. 1 and 2 in Crime No.221/2009 of Keezhvaipur PoliceStation.
The offences alleged against the petitioners are under sections 332, 427 read with 34 of the Indian Penal Code.
I have gone through the case diary.
Operative part
Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail for a period of one month on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. No. 2948 /20092A) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M.on all Mondays, till the final report is filed or until further orders;B)The petitioners shall appear before the investigating officer for interrogation as and when required;C)The petitioners shall not try to influence the prosecution witnesses or tamper with theevidence.D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail.E) On the expiry of the period mentioned above, the petitioners shall surrender before the Magistrateconcerned and seek regular bail.F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGEscm
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The Bail Application is allowed to the extent indicatedabove
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 438; Indian Penal Code, 1860 — ss. 34, 332, 427.
Which court decided this case, and when?
Kerala High Court, on 05 Jun 2009. The bench was K T SANKARAN.
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.