Judgment · High Court · 2010
Case at a glance
Outcome
Allowed
This application is allowed as above
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 34, 212, 363, 376, 450, 506(1)
Key paragraphs
- Para 33. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioners, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the petitioners. Accordingly, the…
- Para 44. The petitioners shall not commit any offence 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
Judgment
BY ADV. SRI.T.A.UNNIKRISHNAN BA. NO.8441/2010 RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.8441 of 2010 ----------------------------------------------------- Dated this the 23rd day of December, 2010 ORDER In this Petition filed under Section 439 Cr.P.C., the petitioners, who are accused Nos.2 to 7 in Crime No.874 of 2010 of Kumily Police Station for offences punishable under Sections 450, 506(1), 363, 376 & 212 read with Section 34 I.P.C., seek their enlargement on bail. The petitioners were arrested on 09/12/2010.
#2. I heard the learned counsel for the petitioners and the learned Public Prosecutor.
#3. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioners, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the petitioners. Accordingly, the petitioners are directed to be released on bail with effect from 03/01/2011 on each of them executing a bond for `15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:- Bail Appln.No.8441/2010 : 2 :
#1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays.
#2. The petitioners shall make themselves available for interrogation as and when required by the police at any time till the filing of the final report.
#3. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution.
#4. The petitioners shall not commit any offence 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
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. 439; Indian Penal Code, 1860 — ss. 34, 212, 363, 376, 450, 506(1).
Which court decided this case, and when?
Kerala High Court, on 23 Dec 2010. The bench was V RAMKUMAR.
Precedent status how later indexed judgments have treated this case
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