Sunil Kumar Vs. State of Kerala - Court Judgment

Excerpt:
[k.sreedhar rao; b.v.pinto jj.] this crla is filed u/s.378(1) & (3) cr.p.c. by the spp for the state praying that this hon'ble court may be pleased to grant leave to file an appeal against the judgment and order of acquittal dated 24.09.2004 passed by the ii addl. spl. judge, mysore in spl.case no.77/2001, acquitting the responds nts-accused for the offences p/u/ss 366, 376, 506 of ipc and section 3(i)(xii) of sc/st (poa) act.v. ramkumar, j.bail application no.7130 of 2010date: 15.11.2010o r d e r1. in this petition filed under sec. 439 cr.p.c., the petitioner, who is accused no.2 in crime no.15/2010 of anchalumoodu police station for offences punishable under secs.143,147,148,294(b),452,324,427,307 and 149 i.p.c. read with section 27 of the arms act, seeks his enlargement on bail. the petitioner was arrested on 13.10.2010. 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 w.e.f. 22.11.2010 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 himself 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. 4. if the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. 5. this application is allowed as above.

Judgment:
V. RAMKUMAR, J.

Bail Application No.7130 of 2010

DATE: 15.11.2010

O R D E R

1. In this Petition filed under Sec. 439 Cr.P.C., the petitioner, who is accused No.2 in Crime No.15/2010 of Anchalumoodu Police Station for offences punishable under Secs.143,147,148,294(b),452,324,427,307 and 149 I.P.C. read with Section 27 of the Arms Act, seeks his enlargement on bail. The petitioner was arrested on 13.10.2010.

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 w.e.f. 22.11.2010 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 himself 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.

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

5. This application is allowed as above.