Allowed

Abdu @ Abdulsamad K.A. v. State of Kerala

Kerala HC2 Jun 2011Bail Appl./3840/2011

Case brief

AI extract

What is this about?

The High Court granted bail to two accused persons charged with attempted murder and assault, effective from a future date. The court emphasized the nature of offences, duration of custody, and presumption of innocence as grounds for granting bail subject to stringent conditions.

What did the court decide?

Petitioners released on bail w.e.f. 13.06.2011 on bond of ₹15,000 with two sureties each for ₹15,000.

Abdu @ Abdulsamad K.A. Vs State of Kerala — Murder and Culpable Homicide | 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 V.RAMKUMAR THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933

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Bail Appl..No. 3840 of 2011() ----------------------------CRIME NO.223/2011 OF VIDYANAGAR POLICE STATION CRMP.1358/2011 of ADDL.DISTRICT COURT (ADHOC), KASARAGOD

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PETITIONERS/ACCUSED NOS.1 AND 2

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ABDU @ ABDHULSAMAD.K.A., S/O.ABBAS HAJI, AGED 32 YEARS, RESIDING AT RIFAI MANZIL, S.P.NAGAR, MADHUR VILLAGE, KASARAGOD.

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HARIS @ ABDUL HARIS.K.A., AGED 30 YEARS, S/O.ABBAS HAJI, RESIDING AT RIFAI MANZIL, S.P.NAGAR, MADHUR VILLAGE, KASARAGOD.

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BY ADV. SRI.SUNNY MATHEW

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RESPONDENT(S): COMPLAINANT

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STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, VIDYANAGAR POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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PUBLIC PROSECUTOR ADV. M.S. BREEZE,

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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- - - - - - - - - - - - - - - - - Bail Application No.3840 of 2011

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- - - - - - - - - - - - - - - - DATE: 02.06.2011 O R D E R

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In this Petition filed under Sec. 439 Cr.P.C., the petitioners, who are accused Nos.1 and 2 in Crime No.223/2011 of Vidyanagar Police Station for offences punishable under Secs.323,324 and 307 read with 34 I.P.C., seek their enlargement on bail. The petitioners were arrested on 26.04.2011.

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I heard the learned counsel for the petitioners and the learned Public Prosecutor.

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Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioners, the present stage of investigation of the case, the presumption of innocence until found guilty after trial and the other circumstances of the case etc., I am inclined to grant bail to the petitioners but only from a future date. Accordingly, the petitioners are directed to be released on bail w.e.f 13.06.2011 on each of them executing a bond for `15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:

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B.A. No.3840/ 2011

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1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays until the final report is filed.

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2. Except for the purpose of complying with Condition No.1, the petitioners shall not enter the limits of Vidyanagar Police Station until further orders to be passed by the court concerned.

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3. The petitioners shall not directly or indirectly make any inducement, threat or promise to any person who is acquainted with the facts of the case so as to dissuade him or her from disclosing any information to the court or to the police or to any other person in authority.

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4. The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer at any time till the filing of the final report.

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5. The petitioners shall not establish any contact with any of the witnesses or accused in the case.

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6. The petitioners shall not influence or intimidate the prosecution witnesses or the victims nor shall they attempt to tamper with the evidence for the prosecution.

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7. The petitioners shall not commit any offence while on bail.

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8. The petitioners shall notify to the Court their place of residence before executing the bail bond.

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If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above.

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Dated this the 2nd day of June, 2011.

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V.RAMKUMAR, JUDGE.

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Abdu @ Abdulsamad K.A. v. State of Kerala

Case brief

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Abdu @ Abdulsamad K.A. v. State of Kerala

Case brief

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