Sunday, June 2, 2013

accused in dowry death case gets bail after a SHORT judicial custody... though men are always blamed for a woman's death, there is some silver lining for false accused after all



Excerpts
  • "...it is felt that the petitioner can be released on bail. Moreover, there is no apprehension raised by the prosecution that the petitioner will abscond if released on bail......."
  • Kerala HC ordering bail for Dowry DEATH accused


Thoughts
  • The general thinking is that IF wife is dead, then the man will NEVER get any bail
  • There are cases showing that accused get bail AFTER a point in time
  • PROBABLY arrest for some time is certain when woman dies ....BUT that does NOT mean they will NEVER get bail
  • So ...there is some silver lining somewhere





IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN

MONDAY, THE 24TH DAY OF SEPTEMBER 2012/2ND ASWINA 1934

Bail Appl..No.6664 of 2012 ()
******************************
CRIME NO.402/12 OF BADIADKA POLICE STATION


PETITIONER/4TH ACCUSED:
**********************

C.K.MUHAMMED, AGED 38 YEARS
S/O.IBRAHIM, KALANTHAR MANZIL, NARAMPADY
NEKRAJE VILLAGE AND POST, KASARAGOD TALUK
KASARAGOD DISTRICT.

BY ADV. SRI.T.MADHU

RESPONDENT/STATE:
*********************

THE STATE OF KERALA
THROUGH THE STATION HOUSE OFFICER
BADIADKA POLICE STATION
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM. 682 031.

BY  PUBLIC PROSECUTOR SRI.V.S.SREEJITH

THIS BAIL APPLICATION  HAVING BEEN FINALLY HEARD  ON
24-09-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:




P.BHAVADASAN, J.
*********************************************
B.A. No.6664 of 2012
*********************************************
Dated this the 24th day of September, 2012


O R D E R


Petitioner is the 4th accused in Crime No.402/2012 of Badiadka Police Station for having committed offences punishable under Sections 498(A), 306 and 304(B) of IPC.

Petitioner pointed out that he is totally innocent and falsely implicated with ulterior motive. He would say that he had not committed any act to constitute an offence.

At any rate, he is in custody from 24.8.2012 onwards and his continued custody is unnecessary.

2. Learned Public Prosecutor opposed the petition pointing out that the investigation is yet to complete. CD was made available for perusal of this Court.

3.  After having heard the counsel on both sides and also having gone through the records and considering the fact that the petitioner is in judicial custody since 24.8.2012, and a good part of the investigation must have been completed by now, it is felt that the petitioner can be released on bail. Moreover, there is no apprehension raised by the prosecution that the petitioner will abscond if released on bail.

4.  In the result, the application is allowed and the petitioner is granted bail subject to the following conditions:

1.The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the like sum each to the satisfaction of the JFCM-I, Kasaragod.

2.The learned JFCM shall ensure the identity of the sureties and also the veracity of the tax receipts produced by them before granting bail to the petitioner.

3.The petitioner shall report before the Investigating Officer on every Wednesday between 9 a.m. and 10 a.m., till final report is filed.

4.The petitioner shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.

5.If any of the condition is violated by the petitioner, the bail granted shall stand cancelled and the learned Magistrate concerned, on being satisfied of the said fact, may take such proceedings as are available to him in law.

P.BHAVADASAN,

Judge.

okb.