Joemon, and ors. Vs. State of KeralA.

Joemon, and ors. vs State of KeralA.

Type Court Judgment Court Kerala Decided Dec 06, 2010

~2 min read

https://sooperkanoon.com/case/912977

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/912977
Court: Kerala High Court
Judge: V.Ramkumar, J.
Decided On: Dec 06, 2010
Case Number: Bail Appl..No. 7870 of 2010
Subject: Criminal

Case Summary

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

[MR.J.S.KHEHAR, CHIEF .JUSTICE ; MR.JUSTICE A.S.BOPANNA, J.J.] This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to set aside the impugned order dated 2.3.2011 in IA No. 1479/2010 in AIR (SA) 882/2010 vide Annexure-U and allow the same in accordance with the law and direct t...

Key legal issue: Criminal
Acts & sections: Indian Penal Code (IPC) - Sections 341, 323, 324, 447, 427, 294(b), 302 read with 34

Parties & Advocates

Appellant / Petitioner

Joemon, and ors.

Advocate SRI.S.SREEKUMAR, Adv.

Respondent

State of KeralA.

Legal References

Acts: Indian Penal Code (IPC) - Sections 341, 323, 324, 447, 427, 294(b), 302 read with 34

Excerpt

[mr.j.s.khehar, chief .justice ; mr.justice a.s.bopanna, j.j.] this writ petition is filed under articles 226 and 227 of the constitution of india praying to set aside the impugned order dated 2.3.2011 in ia no. 1479/2010 in air (sa) 882/2010 vide annexure-u and allow the same in accordance with the law and direct the drat, chennai to adjudicate the appeal in air (sa) 882/2010 on its merits., and etc......of the offences, nature of the allegations levelled against the first petitioner, the relative conduct of the parties, the extent of the injury sustained, the propensities of the first petitioner, the sentiments of the near relatives of the victim and the other facts and circumstances of the case, i am of the view that if the first petitioner is released on bail, he will definitely influence and intimidate the prosecution witnesses. there is also the likelihood of the petitioner making him scarce and fleeing from justice. i am, therefore, not inclined to grant bail to the first petitioner at this stage. 4. having regard to the nature of the offences, the duration of judicial custody undergone by 2nd, 3rd & 4th petitioners (a2 to a4), the present stage of investigation of the case and the other circumstances of the case etc., i am inclined to grant bail to 2nd, 3rd & 4th petitioners (a2 to a4). accordingly, 2nd, 3rd & 4th petitioners (a2 to a4) are directed to be released on bail with effect from 17/12/2010 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:- 1. 2nd, 3rd & 4th petitioners (a2 to a4) shall report before the investigating officer between 9 a.m. and 11 a.m. on all wednesdays. 2. 2nd, 3rd & 4th petitioners (a2 to a4) shall make themselves available for interrogation as and when required by the police at any time till the filing of the final report. 3. 2nd, 3rd & 4th petitioners (a2 to a4) shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. 2nd, 3rd & 4th petitioners (a2 to a4) 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 in part as above.

Full Judgment

1. The petitioners, who are accused Nos.1 to 4 in Crime No.2862 of 2010 of Aluva Police Station for offences punishable under Sections 341, 323, 324, 447, 427, 294(b) & 302 read with Section 34 I.P.C., seek their enlargement on bail. The petitioners were arrested on 12/10/2010.

2. I heard the learned counsel for the petitioners and the learned Public Prosecutor.

3. Having regard to the gravity of the offences, nature of the allegations levelled against the first petitioner, the relative conduct of the parties, the extent of the injury sustained, the propensities of the first petitioner, the sentiments of the near relatives of the victim and the other facts and circumstances of the case, I am of the view that if the first petitioner is released on bail, he will definitely influence and intimidate the prosecution witnesses. There is also the likelihood of the petitioner making him scarce and fleeing from justice. I am, therefore, not inclined to grant bail to the first petitioner at this stage.

4. Having regard to the nature of the offences, the duration of judicial custody undergone by 2nd, 3rd & 4th petitioners (A2 to A4), the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to 2nd, 3rd & 4th petitioners (A2 to A4). Accordingly, 2nd, 3rd & 4th petitioners (A2 to A4) are directed to be released on bail with effect from 17/12/2010 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:-

1. 2nd, 3rd & 4th petitioners (A2 to A4) shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays.

2. 2nd, 3rd & 4th petitioners (A2 to A4) shall make themselves available for interrogation as and when required by the police at any time till the filing of the final report.

3. 2nd, 3rd & 4th petitioners (A2 to A4) shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution.

4. 2nd, 3rd & 4th petitioners (A2 to A4) 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 in part as above.

Same Court & Year Kerala · 2010 Same Parties Joemon, and ors. vs State of KeralA. Same Subject Criminal Same Judge V.Ramkumar, J. Acts & Sections Indian Penal Code (IPC) - Sections 341, 323, 324, 447, 427, 2...

Criminal