BAIL APPL No. 7597 of 2009 · Kerala High Court
Case at a glance
- Decided
- 30 Mar 2010
- Bench
- V RAMKUMAR
Outcome
Allowed
This application is allowed as above
Provisions considered
- Code of Criminal Procedure, 1973 s. 438
- Indian Penal Code, 1860 ss. 34, 323, 498A
Key paragraphs
- Para 33. Having regard to the allegations levelled against the petitioner, the relative conduct of the parties, the nature of the legal injury and the other circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, a direction is issued to…
- Para 55. On the expiry of the aforesaid period, the petitioner shall surrender before the Magistrate concerned and seek regular bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is…
Judgment
BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): COMPLAINANT ------------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION, PALAKKAD. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No.7597 of 2009 =============================== DATED: 30.03.2010
O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the 1st accused in Crime No.414/2009 of Chittur Police Station for offence punishable under Sections 498A and 323 read with 34 I.P.C., seeks anticipatory bail.
I heard the learned counsel for the petitioner and the learned Public Prosecutor.
Having regard to the allegations levelled against the petitioner, the relative conduct of the parties, the nature of the legal injury and the other circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release the petitioner on bail for a period of one month in the event of his arrest in connection with the above case on his executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction to the said officer and subject to the following conditions:
The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. B. A.No.7597/2009 -:2:-
2. The petitioner shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer.
3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution.
The petitioner shall not commit any offence while on bail.
Operative part
On the expiry of the aforesaid period, the petitioner shall surrender before the Magistrate concerned and seek regular bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE.
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 — s. 438; Indian Penal Code, 1860 — ss. 34, 323, 498A.
Which court decided this case, and when?
Kerala High Court, on 30 Mar 2010. 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.