Bishop Franco Mulakkal was arrested in September The Kerala High Court Monday granted conditional bail to Bishop Franco Mulakkal accused of repeatedly raping and sexually assaulting a nun. In a proceeding under of the Code, the Court would not be justified in awarding maintenance to the wife and child. Police had submitted school certificates of the two accused as evidence to prove that they are minors. Collection of the laws of the Czech Republic in Czech. Before granting conditional bail, the court also imposed a ban on all the accused from taking part in any kind of processions and also directed them to appear in Shahpura police station every Sunday for registering their attendance, Mr Pathak said.
It lays out that there is a general right to bail, except as provided for under the First Schedule of the Act. Known as a bail bond or cash bail, an amount of money is posted so that the suspect can be released from. So, is it necessary for that person to get another bail for the added non bailable sections or the previous bail may be enough for both the bailable and non bailable sections. Chennai: The Kerala High Court on Monday granted conditional bail to Jalandhar Bishop Franco Mulakkal, who landed in prison after being charged with raping a nun multiple times. This condition would be applicable till a chargesheet is filed in the case.
The apex court had passed a sketchy order, referring it to the Chief Judicial Magistrate to enlarge him on bail, without making any specifications as to sureties, bonds etc. Instead of this, if they would have killed you, what would be our position. Section 437 3 elaborates the conditions set by the law to get bail in non-bailable offences. This is deemed to be a release on bail in accordance with sections 3, 3A, 5 and 5A of the Bail Act 1976. The action against Pathak, who allegedly framed a false case, comes in the backdrop of police dropping sedition charges against all the accused.
. The 3 months time for bail will be completed by 16th Sep2009. Five of the prisoners filed a arguing that they should not be held indefinitely without trial or bail. Depending upon the facts of the case, the judge decides whether bail should be granted. The court directed the 54-year-old rape accused to surrender his passport, and directed him to appear before the police team every fortnight. You did never think of us.
The court had earlier rejected his bail application on November 30 last year. People who have previously breached their bail or the conditions associated with it are less likely to be granted bail again. Bail is also excluded in case of 31 specified serious crimes e. If the bail is granted upto 16-9-2009, then you can apply foe extension. There is also a strong need felt for a complete review of the bail system keeping in mind the socio-economic condition of the majority of our population. However, Mulakkal had dismissed the allegations saying that the nuns are being used by the anti-church elements. You have to put your all story in front of your lawyer who can better give you complete idea to give direction to your case.
Sentences are usually much shorter than the maximum, but are often custody. If the suspect does not return to court, the bail is forfeited, and the suspect may possibly be brought up on charges of the of. After the bail is granted there are few formalities that have to be followed before the person is finally out on Bail. There is no manner of doubt that the conditions to be imposed under of the Code cannot be harsh, onerous or excessive so as to frustrate the very object of grant of anticipatory bail under of the Code. If the accused person complies with the conditions of bail, or if the conditions are unreasonable he or she may apply to the court, or to a higher court, for relaxation of the conditions of bail. Refrain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks, name calling or inciting hatred against any community.
Such a requirement has the potential to promote thoughtful decision-making and the proper consideration of the risks that a defendant might pose if granted bail. Anticipatory Bail is a special privilege granted to the person apprehending arrest and it should not be abused in any manner. Therefore, you have to attend the court on every appointed date. The high court has, however, set conditions like depositing of the passport and providing his location details. I did not even disclose these things to my parents till December 2005. With the given guidance to use the nature and gravity of an offence as grounds to oppose bail.
This agitated the undertrials, who were hence separated from the accused. No person should be confined in any way until and unless held guilty as it is in conflict with the very nature of Right to life and personal liberty. A person who is arrested for a 'bailable' offence may secure bail at the police station, while those who fail to secure police bail and those arrested for non-bailable offences have to secure bail in court. You can file divorce petition under Special marriages Act. The action against Mr Pathak, who allegedly framed a false case, comes in the backdrop of police dropping sedition charges against all the accused. Judges used to periodically go? It then asked the Law Commission of India to take into consideration this matter and the section have been added as a result of its report. At that time, the accused has a right to apply for bail.
Mulakkal, the first Bishop in the country to be arrested on rape charges, was held after three days of intense questioning in September. The general rule in federal courts is to try to strike a balance between the need for a tie to the jurisdiction and the right to freedom from unnecessary restraint before conviction, under the circumstances surrounding each particular accused. It sets out the current and the basic legal position of bail prevailing in England. Renuka in her complaint, the appellant and his parents were entitled to bail under of the Code. Bail may be posted either by the charged person, or with his or her consent, by a third party, but this only after this third party has received a thorough briefing regarding the charges and reasons for custody and possible grounds for the forfeiture of the bail. However, still a lot of discretionary power has been vested into the court to put a monetary cap on the bond.
Excessive bail ought not to be required. Post bail, their families today expressed confidence in the country's judicial system and were hopeful that they would get justice in the matter. Investigations into the incident had revealed that the action of the accused did not amount to sedition and they also did not have any past criminal record. Courts are not the place to perform such cases as you know this took a long time and ruin the career completely. My entire earnings are on her name only.