Devaki Vs. State of Kerala - Court Judgment

Excerpt:
indian penal code (ipc), 1860 - sections 302, 34, 504, 506; code of criminal procedure (crpc), 1973 - sections 394, 161. - punishment for murder -- the accused hari singh of village suthari was running a brick kiln on the outskirts of the village. subsequently, one randhir singh installed another brick kiln nearby. hari singh and his brothers, however, did not allow randhir singh to run his brick kiln effectively and ultimately randhir singh sold his brick kiln to gulab singh deceased some three months prior to the incident. sub-inspector hari raj singh, however, recorded the statements of the witnesses and after inspecting the site, prepared the site plan ex. ka.14. the prosecution in support of its case relied primarily on the evidence of pw1 prem pal, pw-5 kalu and pw-6 jagdish, pw-2 dr. m.k.goel, who had conducted the autopsy on the dead body, and of pw-7 sub-inspector hari raj singh, the main investigating officer. point "a" in the site plan is the place where the deceased gulab singh had been shot and killed. o r d e rv.ramkumar, j. ---------------------------------------------- bail application no.6479 of 2010 ------------------------------------------------ dated this the 26th day of october, 2010 order the petitioner, who is the sole accused in crime no.70 of 2010 of karthikappally excise range for an offence punishable under section 8(2) of the abkari act for having been found in possession of 10 litres of arrack, seeks her enlargement on bail. she was arrested on 21/9/2010. 2. i heard the learned counsel for the petitioner and the learned public prosecutor. 3. having regard to the nature of the offence, the duration of judicial custody of the petitioner 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 02/11/2010 on her executing a bond for rs.35,000/- (rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the judicial magistrate of the first class-i, harippad and subject to the following conditions:- i) the petitioner shall not influence or intimidate the prosecution witnesses nor shall she attempt to tamper with the evidence for the prosecution. ii) the petitioner shall make herself available for interrogation as and when required by the investigating officer till the filing of the final report. iii) 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 her shall be liable to be cancelled. this application is allowed as above.

Judgment:
O R D E R

V.RAMKUMAR, J.

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Bail Application No.6479 of 2010

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Dated this the 26th day of October, 2010

ORDER

The petitioner, who is the sole accused in Crime No.70 of 2010 of Karthikappally Excise Range for an offence punishable under Section 8(2) of the Abkari Act for having been found in possession of 10 litres of arrack, seeks her enlargement on bail. She was arrested on 21/9/2010.

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

3. Having regard to the nature of the offence, the duration of judicial custody of the petitioner 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 02/11/2010 on her executing a bond for Rs.35,000/- (Rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Harippad and subject to the following conditions:-

i) The petitioner shall not influence or intimidate the prosecution witnesses nor shall she attempt to tamper with the evidence for the prosecution.

ii) The petitioner shall make herself available for interrogation as and when required by the investigating officer till the filing of the final report.

iii) 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 her shall be liable to be cancelled.

This application is allowed as above.