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2013 Supreme(Online)(KER) 16360
HIGH COURT OF KERALA
P.S.GOPINATHAN, J
BABU, S/O.SUKUMARAN – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl./1584/2013
SRI.S.RAJEEV, SRI.SAJU.S.A
The court may grant bail even for serious charges if the prosecution does not oppose and conditions can ensure cooperation with the investigation.
Headnote:
Bail - IPC Offences - Sections 143,147,148,450,427,341,302,149 - Court grants bail under conditions considering prosecution's non-objection and ongoing investigation.
Fact of the Case:
The petitioners were accused in a serious criminal case and had been in custody for several months. They applied for bail after their initial application was denied. The prosecution did not oppose the new bail application.
Issues: Whether the petitioners should be granted bail in light of the ongoing investigation and previous denial of bail.
Ratio Decidendi: The court emphasized the importance of balancing the right to liberty with the need to ensure justice, particularly in cases involving severe charges.
Final Decision: Bail granted under specific conditions.
O R D E R
Petitioners are accused in Crime No. 1333/2013 of Venjaramoodu Police Station for offences punishable under Sections 143,147, 148, 450, 427, 341, 302 read with Section 149 of the Indian Penal Code.
2. Petitioners 1 to 4 are in custody since 17.12.2012 and petitioners 6 to 11 are in custody since 18.12.2012. They were produced before the Judicial First Class Magistrate, Nedumangad and remanded on Judicial custody. Their application for bail before the Judicial First Class Magistrate was dismissed by order dated 20.02.2013. Now this 2nd application seeking the same relief.
3. The learned Public Prosecutor after taking instructions would submit that the investigation is almost complete and that final report would be filed on getting the site plan from the Village Office and report from the Forensic Science Laboratory and that, in the above circumstance the prosecution has no B.A.NO. 1584 Of 2013 2 objection to release the petitioners on bail on stringent conditions.
4. In the result, this petition is allowed and there would be an order directing the Judicial First Class Magistrate, Nedumangad to release the petitioners on bail on executing a bond for Rs.35,000/- (Rupees Thirty Five Thousand only) with two solvent sureties each for like amount to his satisfaction subject to the following conditions.
1. Petitioners shall report before the Investigating Officer at 10 A.M. on every Mondays for a period of two months or till the final report is filed, which ever event occurs first.
2. Petitioners shall not enter the limits of the Circle Inspector of Police, Venjaramood, except for reporting before the Investigating Officer.
3. Petitioners shall not make any promise, inducement or threat to any person who is likely to be acquainted with the facts of B.A.NO. 1584 Of 2013 3 the case so as to dissuade him from disclosing such facts to the investigating officer or to the court.
4. Petitioners shall not involve in any other crime. In the event, any other crime is committed by the petitioner, this order granting bail shall stand cancelled.
