Allowed

Ashraf & Others v. State of Kerala

Kerala HC12 Oct 2011Bail Appl./7175/2011

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to petitioners accused of rioting and mischief. After petitioners complied with a prior direction to meet investigating officers, the court allowed bail subject to reporting on alternate Sundays, cooperation with investigation, and prohibitions against influencing witnesses.

What did the court decide?

Anticipatory bail granted on bond for Rs. 10,000 each with two solvent sureties, subject to regular reporting and cooperation with investigation.

Ashraf & Others Vs State of Kerala — Anticipatory Bail | 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 K.T.SANKARAN

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WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933

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Bail Appl..No. 7175 of 2011()

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------------------------CRIME NO.827/2011 OF PERINTHALMANNA POLICE STATION MALAPPURAM DISTRICT

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PETITIONERS/ACCUSED Nos.1-4:

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ASHRAF.K., AGED 34 YEARS, S/O.LATE MOHAMMED, KAVUNDATH HOUSE, THAZHEKODE P.O., PERINTHALMANNA.

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NIKHIL.P., AGED 24 YEARS, S/O.BALACHANDRAN, POYILIYIL HOUSE, ARAKKUPARAMBU P.O., PERINTHALMANNA.

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SREENIVASAN.D., JUNIOR HEALTH INSPECTOR PUBLIC HEALTH CENTRE, THAZHEKODE GRAMA PANCHAYATH, RESIDING AT THEKKEMATTATHIL HOUSE, UNION CLUB P.O., KOTTAYAM.

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SUNIL.K.P., S/O.NAKAN, KANNOTTUPALLIYALIL HOUSE, THAZHEKODE P.O., PERINTHALMANNA.

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BY ADV. SRI.MANSOOR.B.H.

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RESPONDENT: COMPLAINANT/STATE:

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--------------------------------STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT.

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PUBLIC PROSECUTOR SRI.DANESH MATHEW

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T.SANKARAN, J.

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Bail Appln.No.7175 of 2011

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Dated this the 12^th day of October, 2011

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ORDER

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This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.3, 2, 1 and 4 in Crime No.827 of 2011 of Perinthalmanna Police Station, Malappuram District.

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The offences alleged against the petitioners are under Sections 143, 147, 148 and 448 read with Section 149 of the Indian Penal Code and Section 3(1) of the Prevention of Damage to Public Property Act.

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When the Bail Application came up for admission on 28/09/2011, the following order was passed:

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“3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

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Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before

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Bail Appln.No.7175/2011

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: 2 :

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the investigating officer on 7^th and 8^th October, 2011.

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Post on 12^th October, 2011.

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It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.827 of 2011 of Perinthalmanna Police Station, till 16^th October, 2011.

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The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any.”

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It is submitted by the learned counsel for the petitioners that the direction in the order dated 28/09/2011 has been complied with by the petitioners.

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Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 28/09/2011 has been complied with by the petitioners, I am of the view that anticipatory bail can be granted to the petitioners. 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 `10,000/- (Rupees Ten

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Bail Appln.No.7175/2011

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: 3 :

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thousand only) 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 report before the investigating officer between 9 A.M. and 11 A.M. on all alternate Sundays, till the final report is filed or until further orders;

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

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

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

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e) 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

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above.

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K.T.SANKARAN, JUDGE

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skj

Ashraf & Others v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ashraf & Others v. State of Kerala

Case brief

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What did the court decide?

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