✦ Kerala High Court

OF PANDALAM POLICE STATION v. PETITIOENR(S)/

BAIL APPL No. 8750 of 2012P BHAVADASAN2 min read

Case at a glance

Bench
P BHAVADASAN

Outcome

Allowed

Petition is allowed as follows:

Provisions considered

Key paragraphs

  • Para 55. The CD was made available for perusal. On going through the CD the claim of the petitioner that he is innocent and has been falsely implicated cannot be accepted. It is seen that he also attacked the victim and caused injuries to the victim.…

Judgment

P.BHAVADASAN, J. ---------------------------------------------B.A. No.8750 of 2012 ---------------------------------------------Dated this the 30th day of November, 2012

O R D E RPetitioner is the first accused in Crime No.1060 of 2012 of PandalamPolice Station for having committed offences punishable under Sections 324 and307 read with 34 IPC.

2.

The allegation against the petitioner and others that on 21.8.2012 they attacked the defacto complainant and caused serious injuries to him by using dangerous weapons.

3.

The petitioner says that he is innocent and has been falsely implicated with ulterior motive due to political reasons. The petitioner says that he is in custody from 1.11.2012 and his continued custody is unnecessary. Therefore, he seeks bail.

4.

The learned Public Prosecutor pointed out that the investigation is not yet over and petitioner may not be granted bail.

Operative part

5.

The CD was made available for perusal. On going through the CD the claim of the petitioner that he is innocent and has been falsely implicated cannot be accepted. It is seen that he also attacked the victim and caused injuries to the victim. However, the fact remains that the petitioner has been custody from1.11.2012 and good part of the investigation must have been completed and since there is no apprehension expressed by the prosecution that, if released on bail, the petitioner is likely to influence, his continued custody is unnecessary. Petition is allowed as follows: B.A. No.8750 of 2012 21) The petitioner shall execute a bond forRs.25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the Judicial Magistrate of the First Class-I, Adoor.2) The learned Magistrate shall ensure the identity of the sureties and veracity of the tax receipts produced by the sureties.3)The petitioner shall appear before the Investigating Officer on every Friday between 9 A.M.and 10 A.M till final report is laid.4) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.5) The petitioner shall not enter the police station limit of Pandalam except for the purpose of reporting before the Investigating Officer concerned.6) If any of the condition is violated, the bail granted shall stand cancelled, and the JFCMconcerned, on being satisfied of the said fact, may take such proceedings as are available to him in law.P.BHAVADASAN, JUDGEcms

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Petition is allowed as follows:

Which statutory provisions did this judgment involve?

Indian Penal Code, 1860 — ss. 34, 307, 324.

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.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Kerala High Court or eCourts case status (search case no. BAIL APPL No. 8750 of 2012). ← Search more judgments