Allowed

Shamnad v. State of Kerala

Kerala HC10 Mar 2014Bail Appl./1351/2014

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to the petitioner, who faced charges of molestation and public nuisance, directing surrender within 10 days and imposing specific conditions regarding interrogation, surety bonds, and passport production.

What did the court decide?

Anticipatory bail granted upon surrender within 10 days, submission of bond with sureties, passport production, and affidavit of good conduct.

Shamnad Vs State of Kerala — Anticipatory Bail | Kerala HC (2014)

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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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MONDAY, THE 10TH DAY OF MARCH 2014/19TH PHALGUNA, 1935

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Bail Appl..No. 1351 of 2014 () ------------------------------CRIME NO. 155/2014 OF PATHANAMTHITTA POLICE STATION

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PETITIONER/ACCUSED :-

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SHAMNAD AGED 32 YEARS S/O.BASHEER, PLAMOOTTIL HOUSE, PETTA PATHANAMTHITA DISTRICT.

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BY ADVS.SRI.SALIM V.S. SRI.SHANAVAS.S SRI.H.NUJUMUDEEN

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RESPONDENTS/COMPLAINANT(S) :-

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STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.

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BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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N.K.BALAKRISHNAN, J.

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B.A. No.1351 of 2014

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Dated this the 10^th day of March 2014

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O R D E R

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Petitioner is the accused in Crime No.155/2014 of Pathanamthitta Police Station. The offences alleged against him are punishable under Secs.452, 294(b), 323, 354 and 506(i) of IPC. Apprehending arrest, this petition is filed for anticipatory bail.

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It is alleged that on 25.1.2014 at 4.45 PM, the petitioner trespassed into the house of the complainant, caught hold of her hair and slapped on the face and other parts of her body and also abused her using obscene words.

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Learned counsel for the petitioner submits that the complainant had made some untrue statement and spread some malicious propaganda that petitioner's brother-in-law has some illicit relationship with a lady. The petitioner questioned the same. Hence, this case has been foisted, the learned counsel submits.

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B.A. No.1351 of 2014

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-: 2 :-

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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 10 days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will grant bail to the petitioner but on the following conditions:

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a. The accused shall execute a bond for ₹20,000/(Rupees Twenty 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 accused shall make himself available for interrogation by the Investigating Officer and 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 accused shall produce his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.

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B.A. No.1351 of 2014

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-: 3 :-

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d. The accused will also file affidavit 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 will 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 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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Sd/-

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N.K.BALAKRISHNAN, J UDGE.

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//TRUE COPY//

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P.A. TO JUDGE

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Jvt

Shamnad v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shamnad v. State of Kerala

Case brief

What is this about?

What did the court decide?

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