Allowed

K.P.Ismail v. State of Kerala, (Sho Edacherry P.S.)

Kerala HC17 Aug 2009Bail Appl./521/2009

Case brief

AI extract

What is this about?

The Kerala High Court granted anticipatory bail to four accused persons facing charges under Sections 323, 406, 498A, and 506 IPC. The court directed their release on bail subject to standard conditions to prevent witness tampering and further offences.

What did the court decide?

Petitioners released on bail on bond of Rs.25,000 each with two sureties for the like amount, subject to conditions of appearance and non-tampering.

K.P.Ismail Vs State of Kerala, (Sho Edacherry P.S.) — Anticipatory Bail | Kerala HC (2009)

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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 K.T.SANKARAN

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MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931

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Bail Appl..No. 521 of 2009() --------------------------------------CRIME NO.31/2009 OF EDACHERRY POLICE STATION, KOZHIKODE

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PETITIONERS/ACCUSED 1 TO 4:

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K.P.ISMAIL, AGED 25 YEARS, S/O.ABDULLA, KIZHAKKE PUTHENPURAYIL HOUSE, P.O.KARTHIKAPPALLY, BADAGARA, KOZHIKODE.

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MARIUM, AGED 75 YEARS, W/O.ABDULLA, KIZHAKKE PUTHENPURAYIL HOUSE, P.O.KARTHIKAPPALLY, BADAGARA, KOZHIKODE.

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SEENATH, D/O.ABDULLA, KIZHAKKE PUTHENPURAYIL HOUSE, P.O.KARTHIKAPPALLY, BADAGARA, KOZHIKODE.

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ABDULLA, S/O.MAMMU HAJI, PALLIYIL HOUSE, P.O.KUNNHALIYODU, BADAGARA, KOZHIKODE. BY ADV. SRI.V.V.ASOKAN SRI.P.P.RAMACHANDRAN

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RESPONDENTS/ DEFACTO COMPLAINANT:

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STATE OF KERALA (S.H.O. EDACHERRY POLICE STATION) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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M.SALMATH, AGED 19 YEARS, D/O.MOIDU, P.O.HEN MARY PARAMBU, VILLIAPALLY, BADAGARA.

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SMT.P.A.REZIYA FOR R2

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SRI. V.TEKCHAND, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T. SANKARAN, J.

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B.A. No.521 of 2009

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Dated this the 17^th day of August, 2009

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O R D E R

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This is an application for anticipatory bail under Section 438

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of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 4 in Crime No.31/2009 of Edacherry Police Station, Kozhikode.

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The offences alleged against the petitioners are under Sections 323, 406, 498A and 506(i) read with Section 34 of the of the Indian Penal Code.

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When the Bail Application came up for hearing in February, 2009, the matter was referred to Lok Adalath for exploring the possibilities of a settlement. It is submitted by the learned counsel for the petitioner that though the parties appeared before the Lok Adalath, the matter could not be settled.

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Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners.

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B.A. No.521/ 2009

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Page numbers

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There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:

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A) The petitioners shall appear before the investigating officer for interrogation as and when required;

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B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence.

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C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail.

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D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.

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The Bail Application is allowed to the extent indicated above.

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K.T. SANKARAN, JUDGE

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scm

K.P.Ismail v. State of Kerala, (Sho Edacherry P.S.)

Case brief

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K.P.Ismail v. State of Kerala, (Sho Edacherry P.S.)

Case brief

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What did the court decide?

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