Allowed

Ajinshaw v. State of Kerala

Kerala HC19 Aug 2016Bail Appl./5678/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a preemptory bail application filed by three accused persons facing charges including assault under the IPC and possession under the Arms Act. The court held that since major charges were bailable, bail was appropriate.

What did the court decide?

The petitioners are released on bail on executing a bond with two sureties for ₹30,000 each, subject to specific conditions regarding reporting and travel.

Ajinshaw Vs State of Kerala — Bail and Remand | 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 19TH DAY OF AUGUST 2016/28TH SRAVANA, 1938

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Bail Appl..No. 5678 of 2016

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CRIME NO. 1456/2016 OF KILIKOLLOOR POLICE STATION, KOLLAM

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PETITIONER(S)/ACCUSED NOS. 1 TO 3, :

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1. AJINSHAW, AGED 19 YEARS, S/O. ANWAR, AKBAR SHAW MANZIL, THATTARKONAM P.O., THRIKOVILVATTOM VILLAGE, KOLLAM DISTRICT.

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2. AKBARSHAW, AGED 21 YEARS, S/O. ANWAR, AKBAR SHAW MANZIL, THATTARKONAM P.O., THRIKOVILVATTOM VILLAGE, KOLLAM DISTRICT.

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3. ANWAR, AGED 43 YEARS, S/O. ALINKUNJU, AKBAR SHAW MANZIL, THATTARKONAM P.O., THRIKOVILVATTOM VILLAGE, KOLLAM DISTRICT.

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BY ADVS.SRI.C.RAJENDRAN SRI.K.R.RANJITH

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RESPONDENT/COMPLAINANT.

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

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BY PUBLIC PROSECUTOR SMT SEENA RAMAKRISHNAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.V.

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P.UBAID, J.

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============================ B.A.No.5678 of 2016

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============================ Dated this the 19^th day of August, 2016

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ORDER

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The petitioners herein seek pre arrest bail under

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Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No.1456 of 2016 of the Kilikolloor Police Station, registered under Sections 143, 147, 148, 341, 323, 324, 294(b), 506(ii) and 427 read with Section 149 of the Indian Penal Code, and under Section 27 of the Arms Act. They are the three accused in this crime.

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What is prominently alleged in this crime is an instance of assault punishable under Section 324 IPC. The major offences are bailable under the law. They seek prearrest bail only because there is an allegation under Section 27 of the Arms Act. When the other main offences are bailable under the law, I feel it appropriate to grant bail to

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B.A.No.5678 of 2016 2

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the petitioners on conditions. Interrogation of the petitioners in custody, or their detention in custody is not felt necessary.

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In the result, this petition for pre arrest bail is allowed. The petitioners are ordered to be released on bail on their executing a bond with two solvent sureties for ₹30,000/- (Rupees Thirty Thousand only) each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction, in case of their arrest in connection with Crime No.1456 of 2016 of the Kilikolloor Police Station. Bail is granted on condition that;

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a) The petitioners shall report before the investigating officer between 10 a.m. and 11 a.m. on all Thursdays for a period of two months.

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b) The petitioners shall not leave the limits of Killikolloor Police Station for a period of two months.

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c) The petitioners shall not in any

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B.A.No.5678 of 2016 3

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manner influence or intimidate the material witnesses, or they shall not have any contact with

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the material witnesses directly or over telephone or

otherwise.

Sd/P.UBAID, JUDGE

rkj

//TRUE COPY//

P.A. TO JUDGE

Ajinshaw v. State of Kerala

Case brief

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Ajinshaw v. State of Kerala

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