Allowed

Nabeel Baker Assinar v. the State of Kerala

Kerala HC22 May 2018Bail Appl./2576/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an application for anticipatory bail under Section 438 CrPC for three accused charged with offences under Sections 341, 323, 324, and 308 IPC. The court noted no serious injuries were sustained and custodial interrogation was not deemed necessary, granting bail subject to specific conditions.

What did the court decide?

The application for anticipatory bail is allowed; applicants shall appear for interrogation within ten days and are released on bail upon executing a bond of Rs. 40,000 each with two sureties.

Nabeel Baker Assinar Vs the State of Kerala — Bail and Remand | 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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TUESDAY, THE 22ND DAY OF MAY 2018 / 1ST JYAISHTA, 1940

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Bail Appl..No. 2576 of 2018

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CRIME NO. 182/2018 OF CHANDERA POLICE STATION , KASARGOD

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PETITIONER(S)/ACCUSED 1 TO 3

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1 NABEEL BAKER ASSINAR

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S/O.ABOOBACKER P.P.,

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RESIDING AT KASNAS, NEELAMBAM,

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NORTH THRIKARIPUR VILLAGE,

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HOSDURG TALUK, KASARAGOD DISTRICT.

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2 RASIB KUNHAMU U.P.

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S/O.KUNHAMU.K., AGED 31 YEARS,

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RESIDING AT NEW HOUSE,

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NEELAMBAM, NORTH THRIKARIPUR VILLAGE,

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HOSDURG TALUK, KASARAGOD DISTRICT.

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3 ANAS U.P.

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S/O.AMEER ALI, AGED 30 YEARS,

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RESIDING AT ALEESA HOUSE,

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NEELAMBAM, NORTH THRIKARIPUR VILLAGE,

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HOSDURG TALUK, KASARAGOD DISTRICT.

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BY ADV.SRI.T.MADHU

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RESPONDENT(S)/STATE:

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THE STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, CHANDERA POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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R BY PUBLIC PROSECUTOR SRI.SAJJU.S

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-05-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RAJA VIJAYARAGHAVAN V, J

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B.A No.2576 of 2018

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Dated this the 22^nd day of May, 2018

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ORDER

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1.This application is filed by the applicants under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in connection with the FIR, being Crime No.182 of 2018, registered with Chandera Police Station, Kasaragod, for offence punishable under Sections 341, 323, 324, 308 r/w Sec. 34 of the IPC. They have been arrayed as the accused Nos.1 to 3 in the said crime.

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2.The prosecution allegation is that on 29.03.2018 at 10.30 a.m., the 1^st accused hired the autorickshaw of the de facto complainant and asked him to proceed to Pallom. While they were travelling in the auto rickshaw, the accused Nos.2 and 3 intercepted the vehicle and they are alleged to have assaulted the victim causing injuries.

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3.The learned counsel appearing for the applicants submitted that they are innocent. According to the learned counsel, they have been falsely implicated.

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4.The contention of the learned counsel is very strenuously

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B.A No.2576 of 2018

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opposed by the learned Public Prosecutor.

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5.I have considered the submissions advanced and have also

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gone through the case diary. It does not appear that any serious injuries were sustained by the de facto complainant.

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6.Having regard to the nature and gravity of the allegations, the antecedents of the applicants and attendant facts and circumstances, I am of the view that the custodial interrogation the petitioners are not necessary.

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7.In the result, this application is allowed. The applicants shall appear before the investigation 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. The above order shall be subject to the following conditions:

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i)The applicants shall co-operate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 10 a.m., for one month or till final report is filed, whichever is earlier.

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ii)The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so

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B.A No.2576 of 2018

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as to dissuade him/ her from disclosing such facts to the court or to any police officer.

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iii)The applicants shall not commit any similar offence while on bail.

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iv) The applicants shall not leave India without seeking previous permission from the court having jurisdiction.

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.

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Sd/RAJA VIJAYARAGHAVAN V, JUDGE

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//TRUE COPY//

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P.A TO JUDGE

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Nabeel Baker Assinar v. the State of Kerala

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Nabeel Baker Assinar v. the State of Kerala

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