Judgment · High Court · 2007
Case at a glance
Outcome
Bail granted
In the above circumstances,this bail application is allowed
Key paragraphs
- Para 33. After hearing both sides, I am satisfied that thepetitioner can now be directed to be enlarged on bail subjectappropriate terms and conditions. In the above circumstances, this bail application is allowed. The petitioner shall be released onbail on the following terms and conditions: The…
Judgment
S.SIRI JAGAN, J.====================== B.A.No.7848 of 2007 ======================Dated this the 24th day of December, 2007
O R D E RThis application is for regular bail. The petitioner is the 2ndaccused in crime No.326/2007 of Manjeshwar Police Station, alleging commission of offence punishable under Sections 143,147, 148, 341, 323, 308 read with Section 149 of the IndianPenal Code. The allegation against the petitioner is that he alongwith some other accused formed themselves into an unlawfulassembly with an intention to cause hurt to the defactocomplainant, trespassed into a bus and caused hurt to thedefacto complainant by beating him with iron rods and hands. The allegation is that the if defacto complainant had not takenevasive action it would have even caused death of the defactocomplainant.
The lower court court had denied bail by Annexure 1order only on the ground that some other accused are yet to bearrested and that if the petitioner is released on bail there isevery chance for absconding of the accused and tampering withthe evidence. The learned Public prosecutor admits that no 2serious injuries have been caused to the defacto complainant. She further submits that the prosecution may be given furthertime to complete the investigation and to apprehend otheraccused.
Operative part
After hearing both sides, I am satisfied that thepetitioner can now be directed to be enlarged on bail subjectappropriate terms and conditions. In the above circumstances, this bail application is allowed. The petitioner shall be released onbail on the following terms and conditions: The petitioner shall execute a bond for Rs.25,000/- with twosolvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate-I, Kasargod. The petitioner shallmake himself available for interrogation before the investigatingofficer on all Mondays and Fridays between 10 a.m. and 12 noonfor a period of three months and thereafter, as and whendirected by the investigating officer in writing to do so. The bail application is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE///True copy/// P.A. to Judge. 3
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In the above circumstances,this bail application is allowed
Which court decided this case, and when?
Kerala High Court, on 24 Dec 2007. The bench was S SIRI JAGAN.
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.