Allowed

Ashraf O.P. v. State of Kerala

Kerala HC12 Aug 2016Bail Appl./5173/2016

Case brief

AI extract

What is this about?

The applicant sought pre-arrest bail under Section 438 CrPC in a case involving alleged unauthorized letting of a Town Hall. The court found custodial interrogation unnecessary and granted bail on conditions, noting the payment of the alleged amount was made recently.

What did the court decide?

Petitioner released on bail by executing a bond with two solvent sureties each for 25,000/- subject to conditions of reporting, location restrictions, and no witness contact.

Ashraf O.P. Vs State of Kerala — Service and Employment | 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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FRIDAY, THE 12TH DAY OF AUGUST 2016/21ST SRAVANA, 1938

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Bail Appl..No. 5173 of 2016 ---------------------------

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CRIME NO. 611/2016 OF KALAMASSERY POLICE STATION, ERNAKULAM

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PETITIONER(S)/ACCUSED:

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ASHRAF O.P., AGED 42 YEARDS, S/O. PAREETH, OLIKATTUMOOLA HOUSE, PUTHUSSERYMUGAL, KANGARAPPADY, VADAKODU, THRIKKAKARA NORTH, KALAMASSERY, ERNAKULAM DISTRICT.

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BY ADVS.SRI.IEANS.C.CHAMAKKALA SRI.BINU B.SAMUEL SRI.ASHISH MOHAN

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RESPONDENT(S)/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.UBAID, J.

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B.A No.5173 of 2016

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~~~~~~~~~~~

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Dated this the 12^th August, 2016

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O R D E R

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The petitioner herein seeks pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No.611 of 2016 of the Kalamassery Police Station registered under Sections 408 and 420 of the Indian Penal Code. He was the Care taker of the Kangarappady Town Hall owned by the Kalamassery Municipality. The allegation as against him is that on 9.4.2016, he let out the Town Hall to somebody without the knowledge of the Municipality, and thus earned money unauthorisedly. It is submitted that the petitioner has in fact remitted an amount of 8,000/- at the Municipality,₹ and that there was nothing dishonest on his part. In the nature of the allegations, I find that interrogation of the petitioner in custody is not required. Even without such interrogation, the required materials can be collected by the police. Of course, it is true that the petitioner made payment only recently. Anyway,let the real facts be probed

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B.A No.5173 of 2016

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into by the police, as to whether the petitioner herein had derived any benefit in the alleged transaction.

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In the result, this petition for pre arrest bail is allowed. The petitioner is ordered to be released on bail on his executing a bond with two solvent sureties for 25,000/-₹ (Rupees Twenty five thousand only) each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction, in case of his arrest in connection with Crime No.611 of 2016 of the Kalamassery Police Station. Bail is granted on condition that:

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a) The petitioner shall report before the investigating officer between 10 am. and 11 am on all Thursdays for a period of six weeks.

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b) The petitioner shall not leave the limits of the Kalamassery Police Station for a period of six weeks.

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c) The petitioner shall not in any manner influence or intimidate the material witnesses, or he shall not have any contact with the material witnesses directly or over telephone or otherwise.

Sd/P.UBAID JUDGE

/True copy/

P.S to Judge

B.A No.5173 of 2016

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Ashraf O.P. v. State of Kerala

Case brief

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Ashraf O.P. v. State of Kerala

Case brief

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