Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 354A, 341, 323, 294, 506, Protection of Children from Sexual Offences Act, 2012, Section 12, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 42 -- Bail - Sexual abuse of girl children living in Child Care Centre - Statements of most of girl students staying in Centre..........
Criminal Procedure Code, 1973, Section 439, Arms Act, 1959, Section 25(1b)(a), 26 -- Bail - Grant of bail with condition that accused be released after completion of nine months of custody - However, no reason whatsoever furnished by High Court for issuing direction for deferment of bail by a period of nine months - Such direction is unsustainable, thus set aside - Accused..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Imposition of conditions - Validity - Magistrate while granting bail directed that sureties of petitioner shall be Keralites and they shall produce their title deeds - Said condition is illegal and thus, set aside, as Court cannot make a distinction between Keralites and people of other States - However,..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Imposition of conditions - Validity - Magistrate directed to sureties that they shall provide a shelter to accused at concerned place till completion of trial - Said condition is without jurisdiction and it is illegal and liable to be set aside...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Imposition of conditions - Validity - Magistrate while granting bail imposed a condition that petitioner shall not leave limits of concerned place where Court is situated without prior permission of Magistrate - However, petitioner has come to Kerala from West Bengal in search of a job - Said condition will..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Court not to go deep into merits of the matter while considering an application for grant of bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - While considering application for grant of bail, Court must take into account certain factors such as existence of a prima facie case against accused, gravity of allegations, position and status of accused, likelihood of accused fleeing from justice and repeating offence, possibility of tampering with the witnesses and..........
Criminal Procedure Code, 1973, Section 439 -- Bail - While considering application for grant of bail, Court not to go into evidence on record in such a depth which amounts to ascertaining probability of conviction of accused...........
Criminal Procedure Code, 1973, Section 439 -- Bail - While granting bail High Court failed to appreciate several crucial factors that indicate that it was highly inappropriate to grant bail - Order granting bail set aside...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granting or rejecting bail by High Court - Supreme Court does not ordinarily interfere with orders of High Court granting or rejecting bail - However, it is open to Supreme Court to set aside order of High Court where it is apparent that High Court has not exercised its discretion judiciously and in accordance with basic..........
