Partly allowed

Asharaf v. State of Kerala

Kerala HC7 Jul 2014Bail Appl./2876/2014

Case brief

AI extract

What is this about?

The High Court of Kerala at Ernakulam considered a bail application filed by an accused charged with abetment to suicide under Section 306 IPC. The court passed an interim order granting one-month bail on a bond of Rs.25,000 with conditions, subject to the completion of interrogation.

What did the court decide?

Petitioner granted interim bail on a bond of Rs.25,000 for one month with conditions to appear for interrogation and not influence witnesses.

Asharaf Vs State of Kerala — Cheating and Forgery | 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 THOMAS P.JOSEPH

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MONDAY, THE 7TH DAY OF JULY 2014/16TH ASHADHA, 1936 Bail Appl..No. 2876 of 2014 () ------------------------------CRIME NO. 317/2014 OF CHELAKKARA POLICE STATION , TRISSUR

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PETITIONER(S)/ACCUSED: ----------------------

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ASHARAF, AGED 38 YEARS S/O ALAVI HAJI, KUNDUPARAMBIL HOUSE, P.O MULLOORKARA, VAZHAKKODE VALAVU, MULLOORKARA VILLAGE THRISSUR DISTRICT 680583

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BY ADV. SRI.P.G.SURESH

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RESPONDENT(S): --------------

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STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE CHELAKKARA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM

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BY PUBLIC PROSECUTOR: ADV. V S SREEJITH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-07-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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THOMAS P. JOSEPH, J

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B.A.No.2876 of 2014

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Dated this the 23^rd day of May, 2014

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ORDER

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Petitioner is accused in Crime No.317 of 2014 of the Chelakkara Police Station for the offence punishable under Section 306 of the Indian Penal Code, apprehends arrest and has filed the application.

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Learned Public Prosecutor has opposed the application. It is submitted that one Asharaf committed suicide on 01.04.2014 in unnatural circumstances and a suicide note was produced by the co-brother of the deceased. That referred to the involvement of the petitioner.

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Learned counsel submits that the allegations are not true and at any rate, the alleged suicide note is not sufficient to attract offence under Section 306 of the Indian Penal Code.

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Having heard both sides, I am inclined to pass an interim order as under:

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(i) Petitioner shall surrender before the Officer investigating Crime No.317 of 2014 of the Chelakkara Police Station on 30.05.2014 at 10 a.m for interrogation.

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(ii) In case interrogation is not completed that day, it is

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B.A.No.2876 of 2014

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open to the officer concerned to direct presence of the petitioner on other day/days and time as may be specified by him which the petitioner shall comply.

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(iii) In case arrest of the petitioner is recorded, he shall be released by the arresting officer for a period of one month from this day on his executing bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each before the arresting officer and subject to the following conditions:

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(a) Petitioner shall report to the officer investigating the case on every Saturday between 10.00 a.m and 12.00 p.m during the said period of one month.

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(b) Petitioner shall report to the Investigating Officer as and when required for interrogation during the said period of one month.

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(d) Petitioner shall not intimidate or influence the witnesses.

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(iv) In case the petitioner violates any of condition Nos. (a) to (d), it is open to the investigating officer to move the

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B.A.No.2876 of 2014

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jurisdictional magistrate for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100) .

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Sd/-

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THOMAS P. JOSEPH, JUDGE.

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/True Copy/

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P.A. to Judge

Asharaf v. State of Kerala

Case brief

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Asharaf v. State of Kerala

Case brief

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