Allowed

Abdul Salam v. State of Kerala

Kerala HC16 Dec 2014Bail Appl./7351/2014

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an application for anticipatory bail where the petitioners faced charges of affray and assault. The Court directed the investigation officer to grant bail upon the execution of a bond under specified conditions.

What did the court decide?

Bail granted subject to execution of bond for Rs.25,000 with two solvent sureties and compliance with specific conditions of reporting and conduct.

Abdul Salam 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 B.KEMAL PASHA

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TUESDAY, THE 16TH DAY OF DECEMBER 2014/25TH AGRAHAYANA, 1936

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Bail Appl..No. 7351 of 2014

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CRIME NO.3272/2014 OF KARUNAGAPALLY POLICE STATION, KOLLAM

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PETITIONER(S)/ACCUSED:

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1. ABDUL SALAM, AGED 50 YEARS

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S/O.MUHAMMED KUNJU, KALIYIKKAL VEEDU, K.S.PURAM

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ADINADU VILLAGE, KARUNAGAPALLY, KOLLAM

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PIN-690518.

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2. SAHEENA, AGED 44 YEARS

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W/O.ABDUL SALAM, KALIYIKKAL VEEDU, K.S.PURAM

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ADINADU VILLAGE, KARUNAGAPALLY, KOLLAM

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PIN-690518.

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3. SHANAVAS, AGED 23 YEARS

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S/O.ABDUL SALAM, KALIYIKKAL VEEDU, K.S.PURAM ADINADU VILLAGE, KARUNAGAPALLY, KOLLAM

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PIN-690518.

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4. RAMSHAD, AGED 21 YEARS

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S/O.ABDUL SALAM, KALIYIKKAL VEEDU, K.S.PURAM ADINADU VILLAGE, KARUNAGAPALLY, KOLLAM

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PIN-690518.

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BY ADV. SRI.AJAYA KUMAR. G

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RESPONDENT(S)/STATE/COMPLAINANT:

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

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2. SUB INSPECTOR OF POLICE, KARUNAGAPALLY POLICE STATION, KOLLAM DISTRICT PIN-690518.

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BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-12-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.KEMAL PASHA, J.

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

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B.A. No.7351 of 2014

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

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Dated this the 16^th day of December, 2014

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O R D E R

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Petition filed under Section 438 Cr.P.C.

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Petitioners are A1, A4, A2 and A3 respectively in

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Crime No.3272 of 2014 of the Karunagapally Station, registered for the offences punishable under Sections 143, 147, 148, 324, 225(b), 294(b) and 332 read with Section 149 IPC.

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It is alleged that on 01.10.2014 by midnight, the

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defacto complainant Assistant Sub Inspector of Police, Karunagapally and the Police Officers attached to the said Police Station went to the house of the 1^st petitioner for taking him into custody in connection with Crime No.1785 of 2014 of the Fort Police Station, Thiruvananthapuram registered for the offences under Sections 420 and 120B

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B.A.No.7351 of 2014

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read with Section 34 IPC. When he was taken into custody, he made a tumult, thereby inviting the presence of A2 to A5 and around 25 others from the locality. They pelted stones towards the Police and they allegedly damaged the glasses of the window panes of the house, thereby deterring the Police party from discharging their official duties. They have got released the 1^st accused from the custody of the Police.

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Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the CD.

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The learned Public Prosecutor has pointed out that A1, who is the 1^st petitioner herein, has serious criminal background, as he was involved in two other cases earlier. The learned counsel for the petitioners has pointed out that in those two cases, he was acquitted. A1 was allegedly taken into custody in connection with Crime No.1785 of 2014 of the Fort Police Station, relating to the case of cheating allegedly exercised on M/s.Alapatt Jewellery, Kottakkakom. The amount involved is ₹5,00,000/- in the

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B.A.No.7351 of 2014

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said case. This court has granted anticipatory bail to the accused in the said case, including the 1^st petitioner, as they are ready and willing to deposit the entire amount before the court below. When the entire amount involved in the other case is agreed to be deposited, I am of the view that in this case also anticipatory bail can be granted to the petitioners.

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In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on each of them executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-

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(i) The petitioners shall report before the investigating officer in between 09.00 a.m. and 11.00 a.m. on all Fridays and Tuesdays commencing from 19.12.2014 for a period of three

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B.A.No.7351 of 2014

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months or till the filing of the final report in this

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case, whichever is earlier.

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(ii) The petitioners shall not tamper with

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the evidence or influence witnesses.

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(iii) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.

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(iv) The petitioners shall not involve in any offence while on bail.

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It is made clear that the violation of any of the conditions stipulated above and the conditions imposed by

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this Court in order dated 16.12.2014 in B.A.No.6847 of 2014 and B.A.No.7350 of 2014 in Crime No.1785 of 2014 of

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the Fort Police Station, Thiruvananthapuram will result in the cancellation of bail.

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Sd/-

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B. KEMAL PASHA JUDGE

DSV/16/12

// True Copy //

P.A. To Judge

B.A.No.7351 of 2014

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Abdul Salam v. State of Kerala

Case brief

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Abdul Salam v. State of Kerala

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