Allowed

Mufeed v. State of Kerala

Kerala HC18 Sept 2018Bail Appl./5440/2018

Case brief

AI extract

What is this about?

The High Court at Ernakulam allowed a bail application filed by three accused persons remanded in a case registered under Sections 380 and 34 IPC. Despite the final report not being filed, the court held they have an indefeasible right to statutory bail.

What did the court decide?

Bail granted via bond of Rs. 50,000 each with two solvent sureties; conditions include appearance every Saturday, no witness intimidation, no leaving Kerala, and no passport usage without permission.

Mufeed 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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TUESDAY ,THE 18TH DAY OF SEPTEMBER 2018 / 27TH BHADRA, 1940

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Bail Appl..No. 5440 of 2018

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CRIME NO.230/2018 OF KOZHIKODE TOWN POLICE STATION, KOZHIKODE

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PETITIONER/S:

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1 MUFEED, AGED 23 YEARS 23 YEARS, S/O. NIZAMUDHEEN, MUNTHETTA VILLAGE, 182, MEVATT, PINGPAN (P.O.), HARIYANA.

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2 DILSHAD, AGED 20 YEARS 20 YEARS, S/O. ABDUL RASHEED, MUNTHETTA VILLAGE, 182, MEVATT, HARIYANA.

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3 MUHAMMED MUBARACK, AGED 25 YEARS 25 YEARS, S/O. SHAHABUDHEEN, DASERA, 161, MEVATT, GASERA,HARIYANA.

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BY ADV. SMT.K.DEEPA (PAYYANUR)

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RESPONDENT/S:

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1 STATE OF KERALA,

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REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM - 31.

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2 THE SUB INSPECTOR OF POLICE, CHEVAYUR POLICE STATION, KOZHIKODE, PIN - 673001.

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OTHER PRESENT:

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MR. AJITH MURALI, PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BA.5440/18

ORDER

This application is filed under §439 of the Code of Criminal Procedure.

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The applicants herein are the accused in Crime No.230 of 2018 registered at the Town Police Station, Kozhikode, under § 380 r/w. §34 of the IPC.

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The learned counsel appearing for the applicants submitted that the applicants were remanded on 11.7.2018. The final report has not been laid before the jurisdictional court till date. It is submitted that they have an indefeasible right to be enlarged on statutory bail and prays for issuance of appropriate orders.

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The learned Public Prosecutor does not controvert the said submissions.

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I have considered the submissions advanced. I am of the view that this application is to be allowed.

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In the result, this application will stand allowed. The applicants shall be released on bail on their executing a bond for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court below. The above order shall be subject to the following conditions:

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BA.5440/18

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1). The applicants shall appear before the Investigating Officer on all Saturdays between 9 AM and 11 AM, for 3 months or till final report is filed, whichever is earlier.

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2). They shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.

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3). They shall not commit any offence while on bail.

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4). They shall not leave the State of Kerala without the prior permission from the court having jurisdiction.

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5). The applicants shall surrender their passport before the court below or if they do not have one, they shall file an affidavit to that effect within five days of their release. Application for release of the passport, if any, shall be considered by the trial court at the appropriate stage.

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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

ps/18/9/

//TRUE COPY//

P.S. TO JUDGE

BA.5440/18 4

Mufeed v. State of Kerala

Case brief

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Mufeed v. State of Kerala

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