Allowed

Illiyas v. State of Kerala

Kerala HC15 Sept 2017Bail Appl./6062/2017

Case brief

AI extract

What is this about?

The High Court of Kerala granted pre-arrest bail to the first accused in a case involving affray and assault. The court allowed surrender for interrogation followed by release on bail subject to specific conditions, noting the investigation was nearly complete.

What did the court decide?

Petitioner directed to surrender for interrogation on 19.9.2017 and released on bail on executing a Rs. 1 lakh bond with two sureties, subject to conditions including non-interference with witnesses a

Illiyas Vs State of Kerala — Bail and Remand | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE SHIRCY V.

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FRIDAY, THE 15TH DAY OF SEPTEMBER 2017/24TH BHADRA, 1939

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Bail Appl..No. 6062 of 2017 ()

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CRIME NO. 359/2017 OF NATTUKAL POLICE STATION , PALAKKAD

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PETITIONER/ACCUSED:

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ILLIYAS AGED 30 YEARS, S/O MOHAMMEDKUTTY, AKKARA HOUSE, THIRUV ZHAMKUNNU, ALANALLUR, MANNARKKAD, PALAKKAD.

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BY ADV. SRI.MANSOOR.B.H.

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031 REPRESENTING THROUGH STATION HOUSE OFFICER, NATTUKAL POLICE STATION, PALAKKAD DISTRICT.

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R BY PUBLIC PROSECUTOR SMT. REKHA C. NAIR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-09-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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SHIRCY V, J.

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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B.A.No. 6062 of 2017

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- - - - Dated this the 15^th day of September, 2017

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O R D E R

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This second application for pre-arrest bail has

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been filed by the petitioner who is the first accused in Crime No.359/2017 of Nattukal Police Station registered for offences punishable under Sections

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143,147,148,341,324,326 read with Section 149 of the Indian Penal Code.

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The prosecution allegation is that the petitioner along with the other accused persons have formed themselves into an unlawful assembly with the common object to attack the defacto complainant due to their enemity towards him, have wrongfully restrained him at about 20.30 hours on 20.6.2017 and attacked him with deadly weapons such as iron rod, cycle chain, stone etc. and inflicted grievous injuries including nasal fracture and

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B.A.No. 6062 of 2017

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thereby committed the aforesaid offences.

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Heard the learned counsel for the petitioner as

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well the learned Public Prosecutor.

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It is fairly admitted by the learned Public Prosecutor that the investigation of the case is almost over and nearing completion, except the fact that this petitioner has not been arrested so far. The recovery of the material objects alleged to have been used by this petitioner as well the other accused persons have also been recovered. So no doubt there is substantial change in the circumstances of the case to have a fresh look. Except this petitioner, all the other indictees are on regular bail. Custodial interrogation of this petitioner is not found absolutely necessary to file the final report in the case.

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Hence, I think that this petition can be allowed directing the petitioner to surrender before the Investigating Officer for interrogation at 10.30 a.m on 19.9.2017. After interrogation, he shall be released on

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B.A.No. 6062 of 2017

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bail subject to the following conditions.

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1). The petitioner shall be released on bail after

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interrogation on the same day on his executing a bond for Rs.1,00,000/-(Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.

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He shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

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He shall surrender his passport before the trial

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court or file an affidavit to that effect in case, he is not holding any valid passport.

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He shall not commit any offence while he is on bail.

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In case of violation of any of the above conditions, the learned Magistrate concerned is

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empowered to cancel the bail in accordance with law.

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SHIRCY V,

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JUDGE

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smm

Illiyas v. State of Kerala

Case brief

What is this about?

What did the court decide?

Illiyas v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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