Unknown vs By Adv. Sri.M.Ramesh Chander on 12 August, 2011

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Kerala High Court

Unknown vs By Adv. Sri.M.Ramesh Chander on 12 August, 2011

Bench: K.T.Sankaran

       

  

  

 
 
         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT :

        THE HONOURABLE MR. JUSTICE K.T.SANKARAN

        FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933

                  Bail Appl..No. 6170 of 2011

        CRIME NO.402 OF 2011 OF VALAPATTANAM POLICE STATION, KANNUR.

   PETITIONER/2ND ACCUSED
------------------------------------------

      S.MADHUKUMAR, S/O.GOPI,
      KELAMBETHHOUSE,
      KANNADIPARAMBA P.O.,
      KANNUR DISTRICT.

      BY ADV. SRI.M.RAMESH CHANDER
                  SRI.ANEESH JOSEPH


RESPONDENT: STATE
--------------------

      STATE OF KERALA,
      REPRESENTED BY THE PUBLIC PROSECUTOR,
      HIGH COURT OF KERALA, KOCHI - 31.

      PUBLIC PROSECUTOR SRI.V.MANU

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 12/08/2011,           THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:


                          K.T.SANKARAN, J.
             ------------------------------------------------------
                  Bail Appl. NO. 6170 OF 2011
             ------------------------------------------------------
            Dated this the 12th day of August, 2011

                                O R D E R

This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.402 of 2011 (erroneously stated as Crime No.402 of 2010 in the Bail Application) of Valapattanam Police Station, Kannur District.

2. The offences alleged against the accused are under Sections 498A and 306 of the Indian Penal Code.

3. The prosecution case is that on 27.6.2011, the wife of accused No.1 committed suicide. Accused No.2 is a friend of accused No.1. The petitioner was arrested on 12.7.2011 and he was remanded to judicial custody.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. Taking into account the facts and circumstances of the BAIL APPL. NO.6170 of 2011 :: 2 ::

case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner.

6. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, Kannur, subject to the following conditions:

a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders;

b) The petitioner shall appear before the investigating officer for interrogation as and when required;

c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence;

d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail;

e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.

The Bail Application is allowed as above.

(K.T.SANKARAN) Judge ahz/

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