Allowed

Munasir v. State of Kerala

Kerala HC15 Nov 2018Bail Appl./6427/2018

Case brief

AI extract

What is this about?

This is a bail application by four accused persons in a gangrape and assault case under Sections 143, 147, 148, 324, 341, 308 IPC. The High Court granted anticipatory bail to accused Nos. 2-4 noting lack of antecedents, subject to conditions including interrogation within 10 days and posting 40,000 rupees bond.

What did the court decide?

Anticipatory bail allowed to petitioners 2 to 4 conditioned upon appearance for interrogation within 10 days, execution of a 40,000 rupees bond with two sureties, and no intimidation of witnesses.

Munasir 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 SUNIL THOMAS

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THURSDAY ,THE 15TH DAY OF NOVEMBER 2018 / 24TH KARTHIKA, 1940

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Bail Appl..No. 6427 of 2018

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CRIME NO. 138/2018 OF CHOMBALA POLICE STATION, KOZHIKODE

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PETITIONER/ACCUSED

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1 MUNASIR, AGED 35 YEARS S/O NIZAR, KODIKOLLAM HOUSE, AZHIYOOR P.O KOZHIKKODE - 673 309.

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2 MARWAN, AGED 27 YEARS S/O. IBRAHIM, VALIYAPARAMBATH HOUSE, AZHIYOOR P.O., KOZHIKKODE 673 309

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3 SADIQ, AGED 18 YEARS S/O. RASHEED, MARUMMALEKKAL HOUSE, AZHIYOOR P.O., KOZHIKODE 673309

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4 MUHAMMED RAJIS, AGED 18 YEARS S/O. RASHEED, MARUMMALEKKAL HOUSE, AZHIYOOR P.O., KOZHIKODE 673309

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BY ADV. SRI.RILGIN V.GEORGE

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI - 682 031. FOR THE SUB INSPECTOR OF POLICE, CHOMBALA POLICE STATION, KOZHIKKODE DISTRICT, PIN - 673 308

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OTHER PRESENT:

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SR. P.P. SRI. C.N. PRABHAKARAN.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 6427 of 2018

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O R D E R

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Petitioners are accused Nos.1 to 4 in Crime No.138/2018 of Chombala Police Station, Kozhikode District for offences punishable under Sections 143, 147, 148, 341, 324, 506(ii) & 308 read with 149 of IPC. The allegation of the prosecution is that on 03.08.2018 at about 20.15 hours, accused Nos. 1 to 5 with the intention of committing offence, wrongfully restrained the de facto complainant and beat him with an iron rod, sticks

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etc. He sustained a fracture of the shoulder

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bone. Crime was registered and apprehending arrest, petitioners seek bail.

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2. When the matter was taken up, learned counsel for the petitioners submitted that the 1^st accused, who is the 1^st petitioner was arrested and released. It seems that though specific overt acts are attributed to each of the accused, the main overt act resulting in the injury of fracture

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Bail Appl..No. 6427 of 2018

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of the shoulder bone was inflicted by the 1^st accused. Even though it is alleged that others used weapons, corresponding injuries are not seen. Petitioners 2 to 4 have no criminal antecedents. Having considered these facts, I am inclined to

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grant the benefit of pre-arrest bail to petitioners 2 to 4.

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In the result, anticipatory bail application is allowed on the following conditions:

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(i) Petitioners shall appear before the

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Investigating Officer within 10 days from today and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be

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released on bail on each of the petitioner executing a bond for a sum of 40,000/- (Rupees₹ forty thousand only) with two sureties for the like sum each.

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(ii) They shall not threaten, coerce or intimidate the defacto complainant or the witnesses.

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Bail Appl..No. 6427 of 2018

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(iii) They shall appear before the Investigating Officer as and when called for and co-operate with the investigation.

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(iv) They shall not get involved in any other identical offence and the involvement if any, will be a ground for cancellation of bail.

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Sd/-

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SUNIL THOMAS, JUDGE

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Pn 15/11

Munasir v. State of Kerala

Case brief

What is this about?

What did the court decide?

Munasir v. State of Kerala

Case brief

What is this about?

What did the court decide?

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