Disposed

Shafeek v. State of Kerala

Kerala HC13 Jul 2012Bail Appl./4561/2012

Case brief

AI extract

What is this about?

This court disposed of an anticipatory bail application by issuing directions for the petitioner's surrender, setting specific bail conditions including a bond with sureties, passport production, and a prohibition on leaving Kerala without court permission.

What did the court decide?

Petitioner directed to surrender within two weeks; bail granted by Magistrate subject to conditions including bond, sureties, passport, non-exit from Kerala, and bail conduct.

Shafeek Vs State of Kerala — Cheating and Forgery | Kerala HC (2012)

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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 DAY OF JULY 2012/22ND ASHADHA 1934

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Bail Appl..No. 4561 of 2012 ()

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CRIME NO. 1031/2012 OF KOTTIYAM POLICE STATION, KOLLAM DISTRICT

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PETITIONERS/ACCUSED :

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*SHAFEEK, AGED 43 YEARS S/O.SIDDIQUE, VAROOR THUNDUPURAYIDOM, VADAKKEMUKKU KANNANALLOOR P.O., KOLLAM DISTRICT. (CORRECTED)

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*CORRECTED THE PETITIONER'S AGE AS 23 YEARS AS PER ORDER IN I.A. NO. 4771/2012 DATED 13/07/2012.

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BY ADVS.SRI.N.VIMALAN

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SRI.T.K.SASIKUMAR

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RESPONDENT/COMPLAINANT:

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

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BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-07-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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N. K. BALAKRISHNAN, J.

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================= B. A. No. 4561 of 2012

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=================

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Dated this the 13^th day of July, 2012

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O R D E R

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Petitioner is the sole accused in Crime No. 1031 of

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2012 of Kottiyam Police Station. Offences alleged against him are under sections 294(b), 323 and 326 IPC. Apprehending arrest, this petition is filed for anticipatory bail.

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It is alleged that the petitioner hit the de facto complainant on his face with a stone, causing loss of one of his teeth. Learned counsel for the petitioner submits that it was caused due to a fall. Prosecution denies that version.

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Considering all the aspects, the following directions are issued:

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The petitioner shall surrender before the Investigating Officer within two weeks from today. After interrogation the petitioner shall be produced before the learned Magistrate. When applied for bail by petitioner, the learned Magistrate

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B.A.No.4561/2012 - 2 -

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can, considering the nature of the case, grant bail to him but on the following conditions:

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a) The petitioner shall execute a bond for Rs.25,000/- (rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. 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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b) The petitioner shall make himself available for interrogation by the Investigating Officer and 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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c) The petitioner 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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d) The petitioner will also file an affidavit stating

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B.A.No.4561/2012 - 3 -

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that he will abide by all the conditions as mentioned above 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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e) The petitioner shall not leave the State of Kerala without permission of the court.

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f) The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/driving licence etc.

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N.K. BALAKRISHNAN, JUDGE

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Shafeek v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shafeek v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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