Allowed

Ashif a v. State of Kerala

Kerala HC4 Oct 2018Bail Appl./4148/2018

Case brief

AI extract

What is this about?

Single judge allowed anticipatory bail to accused charged with assault, trespass, and injury. Court noted delay in FIR and lack of serious injury to victim, ruling no custodial interrogation needed. Bail granted with conditions including cooperation, no inducement, and non-re-offending.

What did the court decide?

Bail allowed subject to Rs. 50,000 bond with solvent sureties and conditions including appearance for interrogation twice weekly, no inducement, and no similar offences.

Ashif a Vs 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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THURSDAY, THE 04TH DAY OF OCTOBER 2018 / 12TH ASWINA, 1940

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Bail Appl..No. 4148 of 2018 CRIME NO. 111/2018 OF CHERUPUZHA POLICE STATION, KANNUR

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PETITIONER/ACCUSED:

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ASHIF A., AGED 21, S/O. AHAMMED A., ANBATH HOUSE, KOLLADA, CHERUPUZHA P.O., KANNUR DISTRICT - 670 511.

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BY ADVS.SRI.TITUS MANI SRI.BINNY THOMAS SRI.P.A.JACOB

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RESPONDENT/COMPLAINANT:

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

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SRI AJITH MURALI, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ORDER

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This application is filed under Section 438 of the Code of

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Criminal Procedure.

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The applicant herein is the accused in Crime No.111 of 2018 registered at the Cherupuzha Police Station under Sections 452, 323, 447, 324, 354 and 308 r/w. Section 34 of the IPC.

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Bail Appl..No. 4148 of 2018

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On 23.04.2018 at 8.50 p.m., the applicant herein is alleged to have trespassed into the residential home of the de facto complainant, caught hold of her daughter and assaulted her.

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The learned counsel appearing for the applicant submitted that in respect of the incident, which took place on 23.04.2018, the law was set in motion only on 07.05.2018. According to the learned counsel, the long delay in setting the law in motion would affect the credibility of the version of the victim. The learned counsel also submitted that on the basis of the information furnished by the mother of the applicant, Crime No.125 of 2018 of the Cherupuzha Police Station was later registered.

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Heard the learned Public Prosecutor and I have gone through the case diary. There appears to be considerable delay in setting the law in motion. No serious injuries have been sustained to the de facto complainant. In that view of the matter, the custodial interrogation of the applicant herein does not appear to be necessary for an effective investigation in the instant case.

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In the result, this application will stand allowed. The applicant shall appear before the Investigating Officer within ten

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Bail Appl..No. 4148 of 2018

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days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) 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 applicant 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 two months or till final report is filed, whichever is earlier.

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ii) He 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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iii) He shall not commit any similar offence while on bail.

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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/-

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RAJA VIJAYARAGHAVAN V JUDGE

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DSV/5/10/18

Ashif a v. State of Kerala

Case brief

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What did the court decide?

Ashif a v. State of Kerala

Case brief

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