Over 2 lakh Indian cases. Search powered by Google!

Case Details

BABU VARGHESE, AGED 56 versus STATE, REPRESENTED BY THE

High Court of Kerala

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


BABU VARGHESE, AGED 56 v. STATE, REPRESENTED BY THE - Bail Appl No. 6989 of 2006 [2006] RD-KL 3018 (11 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 6989 of 2006()

1. BABU VARGHESE, AGED 56,
... Petitioner

Vs

1. STATE, REPRESENTED BY THE
... Respondent

For Petitioner :SRI.B.RAMAN PILLAI

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :11/12/2006

O R D E R

V. RAMKUMAR, J.

* * * * * * * * * * * * * * * * * * Bail Application Nos. 6989/06 & 7239/06 * * * * * * * * * * * * * * * * * *

Dated, this the 11th day of December 2006

ORDER

Petitioners who are accused Nos. 11 and 8 respectively in Crime No. 47/06 of CBCID, Kozhikode (originally registered as Crime No. 55/06 of Thamarassery Police Station) for offences punishable under Secs. 143, 147, 148, 341, 363, 307 and 302 read with Sec. 149 I.P.C., seek bail. The occurrence took place on 11-2-2006 and ever since then they have been in judicial custody. Petitioners were arrested on 24-4-2006. In the case of A11, there was a gap of two weeks during which A11 was enlarged on bail until it was cancelled. The occurrence took place on 11-2-2006.

2. Even though Sri. P.G. Thambi, the learned Director General of Prosecutions, opposed these applications, I do not think that the continued detention of the petitioners is called for. The petitioners have been in judicial custody for an unreasonably long period. If, ultimately, they are found guilty, they definitely deserve condign punishment for their alleged involvement. Now the only question relevant is whether both the petitioners will be available for trial and whether while on bail they will influence or intimidate the B.A. Nos.6989/06 & 7239/06 prosecution witnesses. Those apprehensions of the prosecution can be taken care of by imposing appropriate conditions. Accordingly, the petitioners are directed to be released on bail on each of them executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Addl. Sessions Court (Special Court for N.D.P.S. Cases, Vadakara), and subject to the following conditions:

i) The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. ii) The petitioners shall not commit any offence while on bail. iii) The petitioners shall appear before the trial court on all the postings of the case without fail. iv) The petitioners shall leave the territory of the State of Kerala without the previous written permission of the trial court. If the petitioners commit breach of any of the above conditions, the bail granted to them shall liable to be cancelled. These applications are accordingly allowed. Sd/- V. RAMKUMAR,

(JUDGE)

ani. B.A. Nos.6989/06 & 7239/06


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.