Partly allowed

T.Suhail v. State of Kerala

Kerala HC5 Jan 2016Bail Appl./8357/2015

Case brief

AI extract

What is this about?

In this bail application involving multiple accused in a riot case under IPC, the Kerala High Court distinguished the roles of individual accused. The Court rejected the anticipatory bail plea of the sixth petitioner, accused of inflicting injury on a police officer, while granting it to the remaining accused subject to certain conditions.

What did the court decide?

Bail rejected for the 6th petitioner (Puthanpurayil Shafeek). Bail allowed for the remaining petitioners on a bond of Rs. 40,000 with two sureties each, conditioned to appear before the investigator a

T.Suhail Vs State of Kerala — Anticipatory Bail | 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 SUNIL THOMAS

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TUESDAY, THE 5TH DAY OF JANUARY 2016/15TH POUSHA, 1937

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Bail Appl..No. 8357 of 2015

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CRIME NO. 907/2015 OF CHOKLI POLICE STATION, KANNUR DISTRICT.

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PETITIONERS/ACCUSED NO.1 TO 5, 8 TO 11:

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1. T.SUHAIL, S/O. SALIM, AGED 19 YEARS,

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STUDENT, THAYYULLATHIL HOUSE,

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PULLOKKARA, P.O.PERINGATHUR,

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THALASSERY TALUK,KANNUR DISTRICT, PIN-670675.

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2. C.P.FAISAL, S/O. ASHRAF, AGED 26 YEARS,

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WORKING IN PARCO TRAVELS, RESIDING AT

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PARAVANTAVIDA HOUSE, P.O.PERINGATHUR,

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THALASSERY TALUK, KANNUR DISTRICT, PIN-670675.

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3. N.V.RASHEED, S/O. ABDULKAREEM,

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AGED 22 YEARS, SALESMAN, MISRIYA TEXTILES,

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RESIDING AT NAMBEESAN VEETTIL, P.O.PERINGATHUR, THALASSERY TALUK, KANNUR DISTRICT, PIN-670675.

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4. FAIROOS, S/O. KASIM, AGED 24 YEARS, SALESMAN, MODERN HARDWARE, RESIDING AT MYMANA HOUSE, P.O.PERINGATHUR, THALASSERY TALUK, KANNUR DISTRICT, PIN-670675.

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5. SHAMSEER VAYAYIL, S/O. ABDULLA, AGED 27 YEARS, RESIDING AT 'ARAFA', P.O.PERINGATHUR, THALASSERY TALUK, KANNUR DISTRICT, PIN-670675.

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6. PUTHANPURAYIL SHAFEEK, S/O. ABDULLA,

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AGED 27 YEARS, SALESMAN, RESIDING AT PUTHANPURAYIL HOUSE, P.O.PERINGATHUR, THALASSERY TALUK, KANNUR DISTRICT, PIN-670675.

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7. M.K.UNAIS, S/O. MUSTAFA, AGED 22 YEARS,STUDENT, RESIDING AT MADATHI THAZHEKUNIYIL HOUSE, PULIYANAMBRAM, P.O.PERINGATHUR,

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THALASSERY TALUK, KANNUR DISTRICT, PIN-670675.

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8. MANOL SHABEEB, S/O. ABDULNASSAR, AGED 20 YEARS, SALESMAN, LINKS CORNER MOBILE SHOP, RESIDING AT MANOL HOUSE, OLIPPIL, P.O.PERINGATHUR, THALASSERY TALUK, KANNUR DISTRICT, PIN-670675.

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--2--

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--2--

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Bail Appl..No. 8357 of 2015

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9. M.C.NISAM, S/O. ABDURAHIMAN, AGED 20 YEARS, SCHOOL BUS DRIVER, RESIDING AT MEETHALE CHIRAKKARA HOUSE, P.O.PERINGATHUR, THALASSERY TALUK, KANNUR DISTRICT, PIN-670675.

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BY ADV. SRI.R.SURENDRAN

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RESPONDENT/COMPLAINANT:

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

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BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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SUNIL THOMAS, J.

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B. A. No. 8357 of 2015

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Dated this the 5^th day of January, 2016

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O R D E R

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The petitioners are accused Nos.3 to 5, 10, 11, 1, 2, 8 and 9 respectively in Crime No.907/2015 of Chokli Police Station for offences punishable under Sections 143, 147, 148, 332, 353 and 307 read with 149 IPC.

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The allegation of the prosecution is that, on 29.09.2015 at about 12.15 hours, on getting an information by the Police, that members of two student organisations are likely to clash against each other. The Police party reached the spot led by the Sub Inspector of Police. At that time, one of the groups attacked the Police party causing obstruction in the discharge of their official duties. It is further alleged that the Police was attacked with rafter and he sustained muscle deep lacerated wound on the occipital area. Crime was registered. Apprehending arrest, the petitioners seek anticipatory bail.

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In the FIS the names of two Shefeeks are mentioned along with other persons. It is now clarified by the Investigating agency that, the 6^th petitioner herein, Puthenpurayil Shafeek, is the person named in the FIS and the person who is disclosed to

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B. A. No. 8357 of 2015 2

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have caused injury on the Police using a rafter. The weapon used has also to be recovered. Though the presence of other accused are also indicated, no specific overtact is attributed to them. Though the conduct of the petitioners cannot be justified, I feel that the 1^st accused who has committed the graver of the offence is not entitled for the benefit of anticipatory bail, but it can be granted to the remaining accused.

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In the result, the the Anticipatory bail application of the 1^st accused (6^th petitioner herein) stands rejected. The petition of the remaining petitioners are allowed as follows:

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(i) The petitioners other than the 6^th petitioner shall appear before the investigation officer within 10 days from today and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on bail, on each of the petitioner executing a bond for a sum of 40,000/- (Forty₹ thousand only) with two sureties each.

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(ii) They shall appear before the Investigation Officer on all Tuesdays and

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B. A. No. 8357 of 2015

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Saturdays between 10.00 am and 11.00 am for a period of two months from the date of executing the bond as above or till the final report is filed, which ever is earlier.

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(ii) They shall not threaten, coerce or intimidate the defacto complainant or his witnesses.

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Sd/-

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SUNIL THOMAS, JUDGE.

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/True Copy/

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P.A to Judge

T.Suhail v. State of Kerala

Case brief

What is this about?

What did the court decide?

T.Suhail v. State of Kerala

Case brief

What is this about?

What did the court decide?

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