Allowed

Jamsheer B.K. v. State of Kerala

Kerala HC5 Feb 2014Bail Appl./714/2014

Case brief

AI extract

What is this about?

High Court of Kerala granted bail to three accused persons in a criminal case involving affray and affray-related offences. The court imposed strict conditions including sureties, reporting obligations, and prohibitions against intimidating witnesses or committing further offences, citing P.K Shaji Vs. State of Kerala.

What did the court decide?

Bail granted to petitioners on a bond of Rs. 20,000 each with two sureties each of similar amount, subject to reporting and conduct conditions.

Jamsheer B.K. 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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WEDNESDAY, THE 5TH DAY OF FEBRUARY 2014/16TH MAGHA, 1935

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Bail Appl..No. 714 of 2014 () -----------------------------CRIME NO. 55/2014 OF HOSDURG POLICE STATION, KASARGOD DISTRICT

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PETITIONERS/ACCUSED NOS 1 TO 3:

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------------------------------

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1. JAMSHEER B.K.,S/O.LATE MUHAMMED AGED 19 YEARS, ARANGADI,KOTTAKKUNNU, HOSDURG VILLAGE,KASARAGOD DISTRICT

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2. ABDUL SHEFEEQ K, AGED 27 YEARS, S/O MUHAMMED KUNHI, FATHIMA MANZIL, ARAYI KADAVU, ARANGADI HOSDURG VILLAGE, KASARAGOD DISTRICT

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3. SHAFI N.M., AGED 28 YEARS, S/O.MUHAMMED, NEELANKARA, ARANGADI, HOSDURG VILLAGE, KASARAGOD DISTRICT

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BY ADV. SRI.K.P.HARISH

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RESPONDENTS/STATE OF KERALA & COMPLAINANT:

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-----------------------------------------

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1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM

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2. THE STATION HOUSE OFFICE, (CRIME NO 55 OF 2014 OF HOSDURG POLICE STATION), KASARAGOD DISTRICT

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BY PUBLIC PROSECUTOR SRI.SREEJITH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-02-2014 ALONG WITH BA 715/2014, 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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Bail Appl. Nos.714 & 715 of 2014

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Dated this the 5^th day of February 2014

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O R D E R

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B.A. No.714 of 2014 is filed by accused nos.1,3

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and 5 while B.A. No.715 of 2014 is filed by the 7^th accused in Crime No.55 of 2014 of the Hosdurg Police station for the offences punishable under Secs.143, 147, 148, 341, 323, 324, 332 and 308 read with Sec.149 of the Indian Penal Code, the former is in custody from 23.01.2014, the latter is in custody from 21.01.2014 and both seek bail.

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The applications are opposed by the learned

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Public Prosecutor. It is submitted that on 15.01.2014 at about 11.30 a.m., the petitioners and others formed unlawful assembly, attacked the defacto complainant in connection with a procession and pelted stones at the Police party who intervened to prevent commission of offence.

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It is pointed out that the 6^th accused was granted bail as per order dated 30.01.2014 in B.A.

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Bail Appl. Nos.714 & 715 of 2014 2

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No.619 of 2014. On hearing both sides, it appears to me that further custody of the petitioners is not required for investigation of the case. Hence, I am inclined to grant relief but subject to conditions to prevent recurrence of such incidents in future.

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The application is allowed as under.

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Petitioners are granted bail in Crime

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No.55 of 2014 of the Hosdurg Police Station and shall be released, if not required to be detained otherwise on their executing bond for `20 , 000/- (Rupees Twenty Thousand Only) each with two sureties each for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions:

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(a) One of the sureties shall be a close relative of any of the petitioners.

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(b) Petitioners shall report to the Officer investigating Crime No.55 of 2014 of the Hosdurg Police Station on every Saturday between 4 p.m and 5 p.m for a period of two

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Bail Appl. Nos.714 & 715 of 2014 3

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months or until final report is filed, whichever is earlier.

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Investigating Officer as and when directed for interrogation.

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

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(e) Petitioners shall not, during the period of this bail get involved in any offence.

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(f) In case of violation of any of condition Nos.(b) to (e), bail granted hereby is liable to be cancelled by moving application before the learned magistrate until committal if any and thereafter before the Principal Sessions Judge concerned as held in P.K Shaji Vs. State of

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Kerala (AIR 2006 SC 100).

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Sd/THOMAS P. JOSEPH JUDGE /True Copy /

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P.A. To Judge

Jamsheer B.K. v. State of Kerala

Case brief

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Jamsheer B.K. v. State of Kerala

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