Disposed

Ibrahim v. State of Kerala

Kerala HC12 Jul 2016Bail Appl./4232/2016

Case brief

AI extract

What is this about?

In this bail application, petitioners accused under IPC sections regarding assault and attempted murder sought pre-arrest bail. The court denied bail, directing non-arrested petitioners to surrender for interrogation before the investigating officer for seven days, followed by production before the Magistrate to consider a regular bail application on merits.

What did the court decide?

Application disposed; petitioners directed to surrender for interrogation before investigation officer within seven days for subsequent bail consideration.

Ibrahim Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2016)

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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 P.UBAID

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TUESDAY, THE 12TH DAY OF JULY 2016/21ST ASHADHA, 1938

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Bail Appl..No. 4232 of 2016 ()

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CRIME NO. 364/2016 OF KASARAGOD POLICE STATION, KASARAGOD DISTRICT.

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PETITIONERS/ACCUSED:-:

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1. IBRAHIM,

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S/O. ABDULLA, AGED 38 YEARS, PADINHAR HOUSE, MORAGAL PUTHUR,

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KASARAGOD DISTRICT.

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2. NOUFAL D.M.,

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S/O. MOIDEEN KUNHI, AGED 36 YEARS, CHAITHOTTAM HOUSE, MORAGAL PUTHUR, KASARAGOD DISTRICT.

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SHAFEEK,

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S/O. ABDULLA KUNHI, AGED 32 YEARS, PEEBEES HOUSE, MORAGAL PUTHUR, KASARAGOD DISTRICT.

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4. MUHAMMED BASHEER P.B., AGED 39 YEARS, S/O. BAPPUNHI HAJI, PADINHAR HOUSE, MORAGAL PUTHUR, KASARAGOD DISTRICT.

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MOHAMMED M.B., S/O. BEERAN MOIDEEN, AGED 19 YEARS, MUNDEKAL HOUSE, MORAGAL PUTHUR, KASARAGOD DISTRICT.

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ASKAR,

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S/O. ABDULLA, AGED 31 YEARS, SIDDIK MANZIL, PADINHAR, MORAGAL PUTHUR, KASARAGOD DISTRICT.

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ZAHEER,

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S/O. KHALID, AGED 19 YEARS, SAFEERA MANZIL, NEAR G.H.S.S., MORAGAL PUTHUR, KASARAGOD DISTRICT.

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Bail Appl..No. 4232 of 2016

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8. SADIK, S/O. MOHAMMED PALLATHI, AGED 32 YEARS, PALLATHI HOUSE, MORAGAL PUTHUR, KASARAGOD DISTRICT.

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9. ZAMEER C.A., S/O. ALI, AGED 41 YEARS, PADINHAR HOUSE, MORAGAL PUTHUR, KASARAGOD DISTRICT.

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10. ANSARI M.A.,

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S/O. ABDURAHIMAN M.A., AGED 27 YEARS, MUNDEKA HOUSE, MORAGAL PUTHUR, KASARAGOD DISTRICT.

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11. ABDUL ZIYAD. M @ ILLYAS, S/O. MOHAMMED SHAFI, AGED 27 YEARS, CHAITHOTTAM HOUSE, MORAGAL PUTHUR, KASARAGOD DISTRICT.

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BY SRI.S.SREEKUMAR, SENIOR ADVOCATE. ADV. SRI.T.K.AJITH KUMAR.

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RESPONDENT/COMPLAINANT:-:

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

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ADDL. R2 IMPLEADED

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2. ABDUL SAFEER. A.K., AGED 25 YEARS, S/O. ABDUL REHMAN GULZAR, NEERCHAL HOUSE, P.O. MUGRAL, PUTHUR, KASARAGOD.

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ADDL. R2 IS IMPLEADED AS PER ORDER DATED 15/06/2016 IN CRL.MA. NO.6127/2016.

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R1 BY PUBLIC PROSECUTOR SMT.REMA. R. ADDL. R2 BY ADV. SRI.I.V.PRAMOD.

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

P. UBAID, J.

B.A.No.4232 of 2016

Dated this the 12^th day of July, 2016

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The petitioners herein are some of the accused in Crime No.364/2016 of the Kasaragod Police Station, registered under Sections 143, 149, 148, 341, 324, 452, 427 and 307 IPC read with 149 IPC. They seek pre-arrest bail on the apprehension of arrest by the police. It is submitted that pending this application, the accused Nos.3 and 4 were arrested by the police. They are the petitioners 2 and 5 herein.

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This prosecution is against 13 named persons and 25 identifiable persons. The prosecution case is that these petitioners and the others assaulted the complainant and the others as part of a criminal design hatched by them, and inflicted simple and serious injuries on their body in an attempt on their life. The wound certificates reveal the serious nature of the injuries sustained by the complainant and the others. The accused Nos.3 and 4 are said to be in judicial custody now. It is submitted that a counter case has been registered as Crime No.365/2016, and that in the said incident some of the

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B.A.No.4232 of 2016

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petitioners also had sustained some injuries. In the nature of the allegations, I feel it appropriate to direct the petitioners to surrender before the investigating officer for necessary interrogation. After such interrogation, the request for bail can be considered by the learned Magistrate having jurisdiction, appropriately. Let all the factual aspects be gone into by the learned Magistrate.

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In the result, this application is disposed of as follows:

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a) The petitioners except the 2^nd and 5^th petitioners will surrender before the investigating officer for necessary interrogation, if they so opt, between 9 am and 10 am on any day within seven days from this date.

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b) After such interrogation the investigating officer will produce the petitioners before the learned Magistrate having jurisdiction on the same day before 4 pm.

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c) In case application for regular bail is filed, the same shall

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be judiciously considered and decided on merits by the learned Magistrate having jurisdiction on the same day.

P. UBAID, JUDGE

// True Copy //

P.A. to Judge

Ibrahim v. State of Kerala

Case brief

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Ibrahim v. State of Kerala

Case brief

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