Allowed

Mani @ Muhammedali v. State of Kerala

Kerala HC11 Mar 2013Bail Appl./1241/2013

Case brief

AI extract

What is this about?

In this bail application, the High Court of Kerala allowed bail to the petitioner accused of attempted rape and trespass under sections 376/448/511 IPC and SC/ST Act, subject to strict conditions including bonding, reporting, and restriction from specific areas.

What did the court decide?

Bail granted on bond of Rs.25,000 with two sureties, subject to conditions regarding reporting, location restrictions, and prohibition on tampering with witnesses or evidence.

Mani @ Muhammedali Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2013)

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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 P.BHAVADASAN

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MONDAY, THE 11TH DAY OF MARCH 2013/20TH PHALGUNA 1934

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Bail Appl..No. 1241 of 2013 ()

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CRIME NO. 134/2013 OF THRITHALA POLICE STATION , PALAKKAD

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PETITIONER/ACCUSED(S):

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MANI @ MUHAMMEDALI, AGED 35 YEARS, S/O ABOOBACKER, THATTARAKUNNATH HOUSE, KIZHAKKE KODANAD, P.O. MEZHATHUR, THRITHALA VIA, OTTAPALAM TALUK, PIN:679 534.

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BY ADV. SRI. P.K. MOHANAN (PALAKKAD)

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COMPLAINANT(S)/RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN:682 031.

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BY PUBLIC PROSECUTOR ADV. SRI. SHIBU JOSEPH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-03-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.BHAVADASAN, J.

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Bail Application No.1241 OF 2013 ---------------------------------------

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Dated this the 11^th day of March, 2013.

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O R D E R

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The petitioner stands accused of having trespassed into the house of a lady who is aged more than 59 years and attempted to commit rape on her. The offences alleged against the petitioner are punishable under Sections 448, 511 of 376 of the Indian Penal Code and Section 3(XI) of SC/ST (PA) Act.

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The petitioner would say that he is innocent and has been falsely implicated with ulterior motive and he has not committed any act which would constitute an offence. At any rate, according to him, he has been in custody from 06.02.2013 onwards and his continued custody is unnecessary.

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Learned Public Prosecutor pointed out that the victim is a poor lady and the matter cannot be taken slightly and the investigation is still going on.

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After having heard the learned counsel for the petitioner,

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the learned Public Prosecutor and after having perused the

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B.A. No.1241/2013

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records, the claim of the petitioner that he is innocent cannot be accepted. He has tried to commit rape on a helpless lady. If the

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allegations are true, the matter is indeed very serious. The petitioner has been in custody from 06.02.2013 onwards and a good part of the investigation seems to have been completed.

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Since no apprehension is expressed the investigating agency that if released on bail, the petitioner is likely to abscond, his continued custody appears to be unnecessary. The application for bail is allowed on the following conditions:

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i) The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court, Pattambi.

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ii) The learned Magistrate shall ensure the identity of the sureties and also the veracity of the tax receipts produced by him.

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iii) The petitioner shall report before the Investigating Officer on every Thursday between 9 a.m and 10 a.m until further orders.

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iv) The petitioner shall not leave the State of Kerala

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B.A. No.1241/2013

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without prior permission of the Magistrate Court concerned.

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v) The petitioner shall not enter the limits of Thrithala Police Station except for compliance of condition No.iii.

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vi) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness.

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vii) If any of the condition is violated, the bail granted shall stand cancelled and the Judicial First Class Magistrate Court, Pattambi, on being satisfied of the said fact, may take such steps as are available to him in law.

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P.BHAVADASAN JUDGE

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smp

Mani @ Muhammedali v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mani @ Muhammedali v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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