Paul, vs State of Kerala,

PAUL, vs State of Kerala,

Type Court Judgment Court Kerala Decided Jan 24, 2024

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https://sooperkanoon.com/case/1285971

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Citation: sooperkanoon.com/1285971
Court: Kerala High Court
Judge: Honourable Mrs. Justice Sophy Thomas
Decided On: Jan 24, 2024
Case Number: Bail Appl./349/2024
Subject: Right to Information

Case Summary

AI-generated summary - not the official court judgment text.

Right to Information

Key legal issue: Right to Information

Parties & Advocates

Appellant / Petitioner

PAUL,

Respondent

State of Kerala,

Excerpt

.....he was arrested on 21.10.2023 and since then, he is in judicial custody.5. learned public prosecutor, on instructions, submitted thatinvestigation is over and final report has been filed. so his continued detention in jail may not be needed as far as investigation is concerned. at the same time, the safety and security of the victim lady has to be taken care of. so this court is inclined to allow this application, on stringent conditions.6. in the result, the bail application is allowed on followingterms:- i. the petitioner shall be released on bail on executing bond for rs.50,000/- (rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the trial ..4..court. ii. the petitioner shall not enter the limits of mala police station, thrissur expect for the purpose of appearing before the police station or before the court, as the case may be. iii. the petitioner shall not influence or intimidate the victim or her family members either directly or indirectly and shall not tamper with the evidence. iv. petitioner shall not leave the limits of kerala without prior permission of the trial court, and he shall surrender his passport before the trial court, at the time of executing the bond, and if he is not having a passport, he has to file an affidavit to that effect before the trial court. v. the petitioner shall not commit any offence ..5..while on bail. vi. in case of violation of any of these conditions, the trial court is empowered to cancel his bail, in accordance with law. sd/- sophy thomas judge rmv

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS WEDNESDAY, THE 24TH DAY OF JANUARY 2024 / 4TH MAGHA, 1945 BAIL APPL. NO. 349 OF 2024 CRIME NO.1201/2023 OF Mala Police Station, Thrissur PETITIONER/SOLE ACCUSED: PAUL, AGED 48 YEARS S/O.ANTHONY, EDATTUKARAN HOUSE, NEAR MALA HOSPITAL, VADAMA VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680732 BY ADVS. N.L.BITTO MITHUL T ANTO RESPONDENT/STATE: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - OTHER PRESENT: SR.PP-SRI.RENJIT GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
SOPHY THOMAS, J.
===================== ========================

ORDER

Dated this the 24th day of January, 2024 This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 filed by the sole accused in Crime No.1201 of 2023 of Mala Police Station, Thrissur, registered under Section 307 of the IPC.

2. The prosecution allegation is that, on 20.10.2023 at aout 1.00 p.m., the petitioner took his wife and threw her into the well, and thus, attempted to kill her.

3. Heard learned counsel for the petitioner and learned Public Prosecutor. Learned Public Prosecutor opposed the bail application. ..3..

4. Learned counsel for the petitioner would submit that, the

alleged incident occurred on a sudden provocation, and he never intended to kill his wife. He was arrested on 21.10.2023 and since then, he is in judicial custody.

5. Learned Public Prosecutor, on instructions, submitted that

investigation is over and final report has been filed. So his continued detention in jail may not be needed as far as investigation is concerned. At the same time, the safety and security of the victim lady has to be taken care of. So this Court is inclined to allow this application, on stringent conditions.

6. In the result, the bail application is allowed on following

terms:- i. The petitioner shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the trial ..4..

court. ii. The petitioner shall not enter the limits of Mala police station, Thrissur expect for the purpose of appearing before the police station or before the court, as the case may be. iii. The petitioner shall not influence or intimidate the victim or her family members either directly or indirectly and shall not tamper with the evidence. iv. Petitioner shall not leave the limits of Kerala without prior permission of the trial court, and he shall surrender his passport before the trial court, at the time of executing the bond, and if he is not having a passport, he has to file an affidavit to that effect before the trial court. v. The petitioner shall not commit any offence ..5..

while on bail. vi. In case of violation of any of these conditions, the trial court is empowered to cancel his bail, in accordance with law. Sd/- SOPHY THOMAS JUDGE RMV

Same Court & Year Kerala · 2024 Same Parties PAUL, vs State of Kerala, Same Subject Right to Information Same Judge Honourable Mrs. Justice Sophy Thomas