Allowed

Junaid Ali @ Junais v. State of Kerala

Kerala HC13 May 2011Bail Appl./3162/2011

Case brief

AI extract

What is this about?

High Court of Kerala granted regular bail to the 19th accused in a murder case involving adulterated toddy, imposing conditions including a bond, appearance for interrogation, and restriction from leaving the jurisdiction.

What did the court decide?

Bail granted subject to execution of bond for 1 lakh, appearance on Mondays and Fridays, production of passport, and restrictions on residence and jurisdiction.

Junaid Ali @ Junais Vs State of Kerala — Bail and Remand | Kerala HC (2011)

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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 N.K.BALAKRISHNAN

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FRIDAY, THE 13TH MAY 2011 / 23RD VAISAKHA 1933

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Bail Appl..No. 3162 of 2011 ----------------------------CRIME NO.481/CR/HHW/III/KKD/10/2010 OF CBCID, KOZHIKODE DISTRICT

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PETITIONERS/ACCUSED NO.19:

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JUNAID ALI @ JUNAIS, AGED 25, S/O.ALIKUTTY, PULICKAL HOUSE, KOOKKAMPARAMB NADUVATTOM, THIRUVEGAPPURA, PALAKKAD DISTRICT.

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BY ADV. SRI.PRAVEEN K. JOY

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RESPONDENT/COMPLAINANT & STATE:

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STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, REP.BY CBCID, KOZHIKODE.

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BY PUBLIC PROSECUTOR, SMT.C.M.CHARISMA

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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N.K. BALAKRISHNAN, J.

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- - - - B.A. No. 3162 OF 2011

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- - - - Dated this the 13^th day of May,2011

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O R D E R

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Petitioner is the 19^th accused in Crime

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No.481/CR/HHW/III/KKD/10/2010 of CBCID, Kozhikode District. It was registered under Sections 302, 326, 328, 471, 120(B), 201, r/w 34 IPC. Petitioner was arrested on 11.09.2010. His bail application was dismissed by the trial Court.

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The material allegation is that the accused sold adulterated toddy which resulted in death of so many persons who consumed the said toddy. The petitioner is one among the accused in the above crime and was arrested and produced before court on 11.09.2010.

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Petitioner seeks regular bail.

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I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and also gone through the available records.

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Since 11.09.2010, he has been in judicial custody. Considering the period of detention already undergone by the

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B.A. No. 3162 of 2011

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-:2:-

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accused and in view of the submission made on behalf of the accused that he will abide any condition that may be imposed on him, the accused is granted bail subject to the following conditions:

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i. The accused shall execute a bond for `1,00,000/(Rupees one lakh only) with two solvent sureties for the like sum to the satisfaction of Sessions Judge, Manjeri. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.

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ii. The accused shall make himself available for interrogation by the investigating officer and that he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders.

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iii. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.

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iv. The accused will also file an affidavit that he will abide by all the conditions as mentioned above

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B.A. No. 3162 of 2011

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-:3:-

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and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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v. The accused and the sureties shall not leave the jurisdiction of the Sessions Court, Manjeri without the prior permission of the learned Magistrate.

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vi. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc.

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vii. Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioner shall not shift the residence without intimating the Investigating Officer and the learned Magistrate.

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N.K. BALAKRISHNAN, JUDGE

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ttb

Junaid Ali @ Junais v. State of Kerala

Case brief

What is this about?

What did the court decide?

Junaid Ali @ Junais v. State of Kerala

Case brief

What is this about?

What did the court decide?

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