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Shaji Joseph S/o. Narikuzhiyil House v. Station House Officer

Shaji Joseph S/o. Narikuzhiyil House v. Station House Officer

(High Court Of Kerala)

Bail Application No. 4722 Of 2011 | 22-06-2011

V. Ramkumar, J.

1. In this Petition filed under Section 439 Code of Criminal Procedure, the Petitioner, who is the sole accused in Crime No. 246 of 2011 of Vellarikundu Police Station, Kasaragod District for offences punishable under Sections 376 and 354 I.P.C. seeks his enlargement on bail. The Petitioner was arrested on 14-05-2011.

2. I heard the learned Counsel for the Petitioner and the learned Public Prosecutor.

3. Having regard to the nature of the offences, the duration of judicial custody undergone by the Petitioner, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the Petitioner but only from a future date. Accordingly, the Petitioner is directed to be released on bail w.e.f. 30-06-2011 on his executing a bond for ` 15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Court concerned and subject to the following conditions:

1. The Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays till the filing of the final report.

2. Except for the purpose of complying with Condition No. 1, the Petitioner shall not enter the limits of Vellarikundu Police Station until further orders to be passed by the Court concerned.

3. The Petitioner shall not directly or indirectly make any inducement, threat or promise to any person who is acquainted with the facts of the case so as to dissuade him or her from disclosing any information to the Court or to the police or to any other person in authority.

4. The Petitioner shall make himself available for interrogation as and when required by the police at any time till the filing of the final report.

5. The Petitioner shall not establish any contact with any of the witnesses or accused in the case.

6. The Petitioner shall not influence or intimidate the prosecution witnesses or the victims nor shall he attempt to tamper with the evidence for the prosecution.

7. The Petitioner shall not commit any offence while on bail.

8. The Petitioner shall notify to the Court his place of residence before executing the bail bond.

If the Petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled.

This application is allowed as above.

Dated this the 22nd day of June, 2011.

Advocate List
  • For Petitioner : Suresh Kumar Kodoth, Adv.
  • For Respondent : No Appearance
Bench
  • HON'BLE JUSTICE V. RAMKUMAR, J.
Eq Citations
  • LQ/KerHC/2011/1274
Head Note

Criminal Procedure Code, 1973 — S. 439 — Bail — Offences punishable under Ss. 376 and 354 IPC — Considerations — Nature of offences, duration of judicial custody undergone by accused, present stage of investigation of case and other circumstances of case — Bail granted subject to conditions