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Rajesh Vs. State of Kerala

Rajesh vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 28, 2010
~2 min read
https://sooperkanoon.com/case/917980

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Bail Application No.8489 of 2010
Subject
Criminal

Case Summary

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

Criminal

Key legal issue
Criminal
Acts & sections
Code of Criminal Procedure (CrPC) (Cr.P.C) - Section 439; Indian Penal Code (IPC) - Sections 447, 341, 323, 324, 294(B), 308, 34

Parties & Advocates

Appellant / Petitioner

Rajesh

Advocate SRI.P.VIJAYA BHANU, Adv

Respondent

State of Kerala

Legal References

Acts
Code of Criminal Procedure (CrPC) (Cr.P.C) - Section 439; Indian Penal Code (IPC) - Sections 447, 341, 323, 324, 294(B), 308, 34
Reported In
ILR2010(4)Ker603

Excerpt

1. in this petition filed under section 439 cr.p.c., the  petitioner, who is accused no.2 in cr.no.584 of 2010 of  peermade police station for offences punishable under  sections 447, 341, 323, 324, 294(b) & 308 read with section  34 i.p.c., seeks his enlargement on bail. the petitioner was arrested on 08/12/2010. 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.    accordingly, the petitioner is directed to be  released on bail with effect from 04/01/2011 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 magistrate 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.          2. the petitioner shall make him available for interrogation as and when required by the police at any time till the filing of the final report.          3. the petitioner shall not influence or intimidate the prosecution witnesses nor               shall he attempt to tamper with the evidence for the prosecution. 4. the petitioner shall not commit any offence while on bail. if the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. 4. this application is allowed as above. 

Full Judgment

1. In this Petition filed under Section 439 Cr.P.C., the  petitioner, who is accused No.2 in Cr.No.584 of 2010 of  Peermade Police Station for offences punishable under  Sections 447, 341, 323, 324, 294(B) & 308 read with Section  34 I.P.C., seeks his enlargement on bail. The petitioner was arrested on 08/12/2010.

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.   

Accordingly, the petitioner is directed to be  released on bail with effect from 04/01/2011 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 Magistrate 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.         

2. The petitioner shall make him available for interrogation as and when required by the police at any time till the filing of the final report.         

3. The petitioner shall not influence or intimidate the prosecution witnesses nor               shall he attempt to tamper with the evidence for the prosecution.

4. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled.

4. This application is allowed as above. 

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