Allowed

Kochan Latheef v. State of Kerala

Kerala HC18 Jan 2018Bail Appl./10/2018

Case brief

AI extract

What is this about?

The High Court granted pre-arrest bail to eight accused persons charged under sections relating to affray, assault, and illegal assembly. Bail was subject to appearance for interrogation, cooperation with investigation, and adherence to standard bail conditions.

What did the court decide?

Pre-arrest bail granted subject to conditions including appearance for interrogation, cooperation with investigation, and execution of bond with sureties.

Kochan Latheef Vs State of Kerala — Cheating and Forgery | Kerala HC (2018)

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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 RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 18TH DAY OF JANUARY 2018 / 28TH POUSHA, 1939

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Bail Appl..No. 10 of 2018

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CRIME NO.1257/2017 OF PAYYANNUR POLICE STATION,KANNUR DISTRICT

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PETITIONER(S)/ACCUSED 1 TO 8:

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1 KOCHAN LATHEEF, AGED 44 YEARS, SON OF EASA, KUNHAMINA MANZIL, KAWAI P.O., PAYYANNUR.

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2 A.P.NAMSHAD, AGED 22 YEARS, SON OF HAMSA, VADIPURAM, KAWAI P.O., PAYYANNUR.

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3 AJEEZ, AGED 32 YEARS, SON OF AZEEZ HAJI, RAZAZ HOUSE, KAWAI P.O., PAYYANNUR.

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4 T.P.IBRAHIM KUTTY, AGED 29 YEARS, SON OF KUNJUMOHAMMED, PADIURAM, KAWAI P.O., PAYYANNUR.

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5 E.C.ABDUL SALAM, AGED 60 YEARS, SON OF ASAINAR KUTTY, RIMFAZ MAHAL, KAWAI P.O., PAYYANNUR.

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6 AFSAL K., AGED 25 YEARS, SON OF AMEER, FATHIMAS, VADIPURAM, KAWAI P.O., PAYYANNUR.

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7 AZRUDEEN K., AGED 25 YEARS, SON OF ABDULLA, KATOOR HOUSE, VADIPURAM, KAWAI P.O., PAYYANNUR.

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8 GAFOOR M., AGED 28 YEARS, SON OF SHUKOOR HAJI, KAWAI P.O., PAYYANNUR.

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BY ADV.SRI.P.M.HABEEB

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2/-

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-2-

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Bail Appl..No. 10 of 2018

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REP. BY STATION HOUSE OFFICER, PAYYANNUR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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BY PUBLIC PROSECUTOR SRI.S.SAJJU

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-01-2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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RAJA VIJAYARAGHAVAN V, J

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B.A No.10 of 2018

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Dated this the 18^th day of January, 2018

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ORDER

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1.This petition is filed under Section 438 of the Code of Criminal Procedure.

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2.The petitioners herein are the accused Nos.1 to 8 in Crime No.1257 of 2017 of Payyannur Police Station, registered under Sections 143, 147, 148, 341, 323, 324, 308 r/w Sec.149 of the IPC.

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3.The prosecution allegation is that on 27.12.2017 at 8.00p.m., the petitioners herein along with 30 others, who could be identified at sight, wrongfully restrained the informant and thereafter assaulted him with weapons causing injuries.

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4.The learned counsel appearing for the petitioners submit that the allegations are incorrect. No injuries were sustained by the victim who is a person involved in numerous crimes. It is prayed that the petitioners be spared from the rigors of custodial interrogation.

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5.Heard the learned Public Prosecutor and I have gone through the case diary. The wound certificate of the victim does not reveal that he had sustained any serious injuries.

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B.A No.10 of 2018

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6.Having regard to the nature and gravity of the allegations, the materials in support thereof, the severity of the injuries sustained and other facts and circumstances, I am of the view that pre arrest bail can be granted to the petitioners.

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7.In the result, this petition is allowed. However, it shall be subject to the following conditions:

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i). The petitioners shall appear before the investigating officer within ten days from today and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on bail on their executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) each with two solvent sureties each for the like sum.

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ii)The petitioners shall co-operate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for one month or till final report is filed, whichever is earlier.

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iii)The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the court or to any police officer.

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iv)The petitioners shall not commit any offence while on bail.

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v) If they surrender before the court concerned, this order shall not be applicable and the jurisdictional court may pass appropriate orders.

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B.A No.10 of 2018

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the

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application for cancellation, if any, and pass appropriate

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orders in accordance with the law.

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Sd/-

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RAJA VIJAYARAGHAVAN V, JUDGE

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//TRUE COPY//

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P.A. TO JUDGE

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Kochan Latheef v. State of Kerala

Case brief

What is this about?

What did the court decide?

Kochan Latheef v. State of Kerala

Case brief

What is this about?

What did the court decide?

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