Allowed

Abdul Gadhaf Mannil v. State of Kerala

Kerala HC9 Jun 2014Bail Appl./4052/2014

Case brief

AI extract

What is this about?

Single accused petitioner sought bail in a criminal trial involving alleged sexual offences. The court allowed bail despite the accused's foreign business interests, imposing strict conditions regarding movement and interaction with witnesses.

What did the court decide?

Bail granted with bond of Rs. 1 lakh and two sureties, retention of passport, periodic appearance before IO, non-influence of witnesses/victims, and restriction on entering Ernakulam district.

Abdul Gadhaf Mannil Vs State of Kerala — Bail and Remand | 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 K.ABRAHAM MATHEW

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MONDAY, THE 9TH DAY OF JUNE 2014/19TH JYAISHTA, 1936

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Bail Appl..No. 4052 of 2014

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CRIME NO.111/CR/HHW-II OF CBCID, ERNAKULAM, ORIGINALLY REGISTERED AS CRIME NO. 346/2011 OF NORTH PARUR POLICE STATION , ERNAKULAM

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PETITIONER/ACCUSED NO.59 :

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ABDUL GADHAF MANNIL, AGED 40 YEARS, S/O.KUNJABDULLA, MANNIL (H), KADAVATHOOR ROAD, PERINGATHOOR POST, PERINGALAM VILLAGE, THALASSERY TALUK, KANNUR DISTRICT.

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BY SRI.B.RAMAN PILLAI (SENIOR ADVOCATE) ADVS.SRI.R.ANIL SRI.M.SUNILKUMAR SRI.SUJESH MENON V.B. SRI.T.ANIL KUMAR SRI.MANU TOM SRI.THOMAS ABRAHAM (NILACKAPPILLIL) SRI.M.VIVEK

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RESPONDENT/COMPLAINANT :

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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BY ADV.SRI.T.ASAF ALI, D.G.P

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.ABRAHAM MATHEW, J.

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B.A.No.4052 of 2014

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Dated this the 9^th day of June, 2014

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ORDER

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Petition filed under Section 439(1) Cr.P.C.

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Petitioner is the 59^th accused in Crime No.346/2011 of

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North Paravur Police Station registered for the offences under Sections 376 and 372 of IPC.

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According to the prosecution the victim was 16 years old girl at the relevant time. There are more than 150 accused in this case. The involvement of the petitioner was not disclosed when the Police registered the case. Subsequent investigation revealed that he also had sexual intercourse with the victim girl. He was arrested on 22.4.2014.

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It is submitted by the learned Director General of Prosecution that the investigation is nearing almost completion; but it is not safe to release him on bail as he runs a business abroad and there is the every likelihood of his absconding.

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Since the investigation is almost complete there is nothing improper in releasing him on bail. Appropriate conditions will be imposed to ensure his presence during the trial.

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B.A.No.4052 of 2014

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In the result, this Bail Application is allowed with the following conditions.

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The petitioner will be released on bail on his executing a bond for Rs.1,00,000/-(Rupees One lakh only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate/Sessions Judge concerned.

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The passport of the petitioner which has already been seized by the Police shall be retained until further orders.

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He shall appear before the investigating officer between 10 a.m and 11 a.m on every 2^nd and 4^th Saturday for three months or till the final report is filed which ever is earlier.

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He shall not threaten or attempt to influence the witnesses; nor shall he destroy or attempt to destroy the evidence or interfere with the investigation.

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He shall not make any attempt to contact or influence the victim or her relatives or friends.

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He shall not enter the Revenue District of Ernakulam

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except without the previous permission of the court of enquiry or trial

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court except for the appearance before the Investigating Officer or court, as the case may be.

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B.A.No.4052 of 2014

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If the petitioner violates any of the above conditions, the court

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of enquiry/trial is empowered to cancel the bail in accordance with

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the law.

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K.ABRAHAM MATHEW JUDGE

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Abdul Gadhaf Mannil v. State of Kerala

Case brief

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Abdul Gadhaf Mannil v. State of Kerala

Case brief

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