BAIL APPL No. 8178 of 2012 · Kerala High Court
Case at a glance
- Bench
- P BHAVADASAN
Outcome
Allowed
In theresult, the application is allowed and the petitioner is grantedbail subject to the following conditions:(1)The petitioner shall be released on bail on his executing abond for Rs
Provisions considered
Key paragraphs
- Para 33. After having heard the learned counsel for the petitioner and the learned Public Prosecutor and after having perused the records, the claim of the petitioner that he is innocent cannot be accepted. However, this Court has taken note of the fact that the petitioner…
Judgment
P.BHAVADASAN, J. ---------------------------------------------B.A. No.8178 of 2012 ---------------------------------------------Dated this the 14th day of November, 2012
O R D E RThe petitioner was apprehended with 5 litres of arrack in his possession and was remanded to custody from 15.10.2012onwards. The petitioner claims to be innocent and has been falsely implicated. At any rate, according to the petitioner, hiscontinued custody is unnecessary.
Learned Public Prosecutor opposed petition pointing out that the petitioner is involved in yet another crime and investigation is still going on.
Operative part
After having heard the learned counsel for the petitioner and the learned Public Prosecutor and after having perused the records, the claim of the petitioner that he is innocent cannot be accepted. However, this Court has taken note of the fact that the petitioner is involved in yet another crime. But the fact remains that the petitioner has been in custody from 15.10.2012 onwards and a good part of investigation must have been completed by now. Further, since no apprehension has been expressed by the prosecution that if released on bail the petitioner is likely to abscond, it is felt that B.A.No.8178/2012 :2: the continued custody of the petitioner is unnecessary. In the result, the application is allowed and the petitioner is granted bail subject to the following conditions:
(1)The petitioner shall be released on bail on his executing abond for Rs.10,000/- (Rupees Ten Thousand only) with two solvent sureties for the like sum each to the satisfaction of the JFCM, Koyilandy.
(2)The learned JFCM shall ensure the identity of the sureties and also the veracity of the tax receipts produced by them before granting bail to the petitioner.
(3)The petitioner shall report before the Investigating Officeron every Wednesday between 9 a.m. and 10 a.m., till final report is filed.
(4)The petitioner shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.
(5)If any of the condition is violated by the petitioner, the bail granted shall stand cancelled and the learned Magistrateconcerned, on being satisfied of the said fact, may take such proceedings as are available to him in law. P.BHAVADASAN, Judge.okb.
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.