Professional Documents
Culture Documents
Siby Mathews V Cbi Sessions Court 399203
Siby Mathews V Cbi Sessions Court 399203
IN
PETITIONER/4th ACCUSED :-
RESPONDENTS:-
ORDER
This is an application filed u/s.438 of the Code of Criminal
348, 365, 477A and 506 of Indian Penal Code (for short 'the
I.P.C.')
Magistrate.
when the matter reached before the Hon'ble Apex Court, the
Prosecution case
for a very longer period, and thus C.B.I could not contend now
two days thereafter and hence, there was no occasion for any
ailments.
sealed cover and requested the Court to inspect the same for
10
violence.
is not the criteria for granting bail, but the nature and gravity
11
Supreme Court itself has felt that there are sufficient materials
Cr.P.C.
12
court.
WWW.LIVELAW.IN
13
Others : 1998 (1) KLT 835, the Hon'ble Supreme Court has
by the petitioner and later the Apex Court has awarded Rs.50
WWW.LIVELAW.IN
14
(3) KHC 743, the learned counsel further contended that the
15
Smt.Mariyam Rashida
were tortured like animals, but they were not able to approach
The Hon’ble Supreme Court has already found that the arrest
16
contended.
was missing from there and thus he was aware that there was
argued by Shri.Gandhi.
WWW.LIVELAW.IN
17
Evaluation
only to show that there was some unholy nexus between the
18
of the petitioner and also his age and ailments, it could safely
are the only non bailable provisions. Depends upon the nature
19
facie lead to the offences U/Ss.120B, 195 and 365 of I.P.C. The
21. When the entire Case Diary and the said report were
20
Magistrate.
21
23. Indeed, the records prima facie show that Sri. Nambi
22
was not even opened at the relevant time. If that be so, the
before 27 years.
23
that the C.B.I. has to collect materials on its own, rather than
produced by the C.B.I. does not compel this court to reject the
Even if the law laid down by the Hon'ble Apex Court and the
24
25
her Visa period was not technically expired at that time. She
had a confirmed return flight ticket for 19/9/1994, but she was
Police custody by the local Police. Police also did not attempt
26
convince the court that the accused person has not co-
arisen later.
27
conditions:-
witnesses.
28
when demanded.
cover. Though the C.B.I has produced the Case Diary of the
29