Allowed

Basheer.K. and Others v. State of Kerala

Kerala HC25 Feb 2008Bail Appl./1067/2008

Case brief

AI extract

What is this about?

Single judge allowed bail applications for four accused persons involved in crimes arising from a clash between political parties. Bail was granted subject to a bond condition and restriction against entering the Sessions Division of Kasaragod until March 1, 2008.

What did the court decide?

Petitioners enlarged on bail subject to conditions including delayed release until 1.3.08, execution of bonds with sureties, and restriction from entering Kasaragod Sessions Division.

Basheer.K. and Others Vs State of Kerala — Bail and Remand | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929

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Bail Appl..No. 1067 of 2008() -------------------------------CMP.701/2008 of J.M.F.C.-I,HOSDRUG (CRIME NO. 98/2008 OF HOSDURG POLICE STATION)

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PETITIONERS/ACCUSED NOS. 1 TO 4:

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----------------------------------------1. BASHEER.K. S/O. ANDUMAYI @ SADHU ANDUMAYI, AGED 28, NASEEMA MANZIL, BELLA KADAPPURAM, BELLA VILLAGE.

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M.K.UMMER, S/O. MOIDEENKUTTY, AGED 24, ITTAMMAL HOUSE, ITTAMMAL, BELLA KADAPPURAM, BELLA VILLAGE.

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ISHAQUE.A.V., AGED 20, S/O. MUHAMMED A.V., A.V. HOUSE, BELLA BEACH, BELLA VILLAGE.

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FAHAD M.K., AGED 19, S/O. MUHAMMED, ITTAMMAL HOUSE, BELLA KADAPPURAM, BELLA VILLAGE.

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BY ADV. SRI.B.S.SWATHY KUMAR

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SMT.BINDU SREEKUMAR

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI. JAI GEORGE.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/02/2008, ALONG WITH B.A.NOS. 1068,1069 AND 1129 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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R. BASANT, J.

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B.A. Nos.1067, 1068, 1069 and 1129 OF 2008 ````````````````````````````````````````````````````

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Dated this the 25^th day of February, 2008

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O R D E R

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These applications are for regular bail. The petitioners in BA.Nos.1067/08, 1068/08 and 1069/08 are accused in three crimes - crime Nos.95/08, 97/08 and 98/08 of Hosdurg police station. The petitioners in BA.1129/08 are the accused in crime No.96/08 of the same police station. All the four incidents, in respect of which these crimes have been registered, took place on 4.2.08 at different points of time. The petitioners in BA. Nos.1067/08, 1068/08 and 1069/08 were all arrested on 8.2.08 itself. The petitioners in BA.1129/08 were arrested on various dates between 5.2.08 and 13.2.08. Police have raised the allegations in all the four crimes now that it was a clash between persons belonging to different religions. It is the case of the petitioners that it was not a case of any religious disharmony but it was really a case

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BA.1067/08 & connected cases

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: 2 :

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of strain between persons belonging to two different political parties - CPI(M) and IUML. The learned counsel for the petitioners in BA. Nos.1067/08, 1068/08 and 1069/08 submits that the petitioners are members of the IUML and the allegations of communal hatred are being raised to suit the convenience of the police now. The petitioners in BA.1129/08 are persons belonging to CPI(M), it is further urged.

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The learned counsel for the petitioners submits that in respect of some other accused in crime No.95/08, this Court had already granted regular bail as per order dated 18.2.08 in BA.950/08.

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The learned counsel for the petitioners pray the learned Public Prosecutor does not oppose the said prayer on condition that identical conditions as were imposed on the coaccused as per the order dated 18.2.08 referred above are imposed on the petitioners in these cases also and I am satisfied that the petitioners can now be directed to be released on bail subject to appropriate conditions.

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BA.1067/08 & connected cases

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: 3 :

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In the result, these petitions are allowed. The

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petitioners in the respective petitions shall be enlarged on bail on the following terms and conditions:-

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i) The petitioners shall not be released on bail on the strength of this order prior to 1.3.08. The investigators shall, in the meantime, make every endeavour to complete the investigation.

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ii) The petitioners shall execute bonds for Rs.50,000/(Rupees fifty thousand only) each with two solvent sureties in each case for the like sum to the satisfaction of the learned Magistrate.

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iii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months from the date of their release and thereafter as and when directed by the investigating officer in writing to do so.

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iv) The petitioners shall not, during the said period of two months, enter the Sessions Division of Kasaragod,

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BA.1067/08 & connected cases

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: 4 :

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without the prior permission of the learned Magistrate except

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for the purpose of complying with condition No.(iii) above.

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Issue copies forthwith to the counsel appearing in

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each case.

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(R.BASANT, JUDGE)

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aks

Basheer.K. and Others v. State of Kerala

Case brief

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Basheer.K. and Others v. State of Kerala

Case brief

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