Disposed

Mohammed Afsal N.A v. State of Kerala

Kerala HC9 Dec 2013Bail Appl./8078/2013

Case brief

AI extract

What is this about?

An application for bail was filed by accused persons 2 to 9 in a criminal case involving offences under the Indian Penal Code. The Court, noting that bail was granted to the first accused in the same case, made provisions for submission, interrogation, and bail proceedings before the magistrate.

What did the court decide?

Petitioners granted relief of direct submission for interrogation and entitlement to move bail application before the magistrate.

Mohammed Afsal N.A Vs State of Kerala — Bail and Remand | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:

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THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH

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MONDAY, THE 9TH DAY OF DECEMBER 2013/18TH AGRAHAYANA, 1935

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Bail Appl..No. 8078 of 2013 () ------------------------------CRIME NO. 741/2013 OF KALAMASSERY POLICE STATION , ERNAKULAM

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ACCUSED 2 TO 9/PETITIONERS: ---------------------------

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1. MOHAMMED AFSAL N.A. AGED 19 YEARS S/O.ABDUL ASEES, NADUVILAKATH HOUSE ERIYAD PO KODUNGALLUR, THRISSUR.

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2. UMAR FAROOK N.A., S/O.ABDUL FAROOK AGED 19 YEARS AISHA MANZIL HOUSE, RAYONPURAM PO, PERUMBAVOOR

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3. ALEX M. CHACKO AGED 20 YEARS S/O.CHAKOCHAN, MAIPAN HOUSE MANJAPRA P.O. KARINGALIKKADU

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4. AJITH P.A., S/O.ANIRUDHAN AGED 19 YEARS PUTHEZHATH HOUSE, SRINGAPURAM PO, KODUNGALLUR.

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5. ARUN VISHNU AGED 20 YEARS S/O.RAJU, PALAKKAL HOUSE, PANAYIKKULAM PO, ALUVA

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6. VAISAGH T.V., S/O.VIJAYAN AGED 20 YEARS THAMARACHALIL HOUSE, SOUTH VAZHAKKULAM PO, ALUVA

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7. ARJUN BABU, S/O. BABU AGED 20 YEARS THAIPARAMBIL HOUSE, UDAYAMPEROOR PO, UDAYAMPEROOR

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8. PREMRAJ R., S/O.B.RAJU AGED 19 YEARS MANIKANDANTHURUTH HOUSE, KARITHALA ROAD, KOCHI.

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9. SYAL SUNDER, S/O.SUNDARAN AGED 20 YEARS THIRIKANIKALTHODYIL HOUSE, VALATHENGOL P.O.ERAVIPURAM,KOLLAM. BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN

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RESPONDENTS/STATE: -----------------1. STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-682 031 (CRIME NO.741/2013 OF KALAMASSERY POLICE STATION ERNAKULAM DISTRICT)

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2. STATION HOUSE OFFICER KALAMASSERY POLICE STATION ERNAKULAM DISTRICT-683104 (CRIME NO.741/2013 OF KALAMASSERY POLICE STATION ERNAKULAM DISTRICT)

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BY PUBLIC PROSECUTOR: ADV M T SHEEBA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 0912-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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THOMAS P.JOSEPH, J.

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

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B.A.No.8078 of 2013

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============================ Dated this the 09^th day of December, 2013

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O R D E R

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Petitioners are accused Nos.2 to 10, in Crime No.741 of 2013 of the Kalamassery Police Station for the offences punishable under Secs.143, 147, 342, 506(i) and 353 r/w Sec.149 of the Indian Penal Code, apprehend arrest and have filed this application.

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

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It is brought to my notice that the first accused in the same case filed B.A.No.5786 of 2013 which this Court disposed of on 30.09.2013 with certain directions. Having heard both sides, I am inclined to grant the same relief to these petitioners as well.

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Resultantly this application is disposed of as under:

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(i) Petitioners shall surrender before the officer investigating Crime No.741 of 2013 of the Kalamassery Police Station on 16.12.2013 at 10 a.m for interrogation.

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(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioners on other day/days and time as may be specified by him which the petitioners shall comply.

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B.A.No.8078 of 2013

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(iii) In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day.

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(iv) On such production, petitioners can move application for bail before the learned magistrate with intimation given to the Assistant Public Prosecutor concerned atleast three working days in advance.

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(v) In case custody of the petitioners are required, it is open to the Investigating Officer to move application before the learned magistrate.

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(vi) Learned magistrate shall dispose of the application(s) on merit having regard to the facts of the case as early as possible.

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Sd/-

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THOMAS P.JOSEPH, JUDGE.

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Sbna

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True Copy

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P A to Judge

Mohammed Afsal N.A v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mohammed Afsal N.A v. State of Kerala

Case brief

What is this about?

What did the court decide?

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