Allowed

Imthiyas, v. State of Kerala

Kerala HC25 Mar 2019Bail Appl./1340/2019

Case brief

AI extract

What is this about?

The Court allowed an application for anticipatory bail under Section 438 CrPC. It was held that custodial interrogation was not necessary as no grievous injury was sustained in the incident involving an exchange of blows. The petitioner was granted bail subject to bonding and reporting conditions.

What did the court decide?

Release on anticipatory bail under Section 438 CrPC on conditions of bond execution, surrender within 10 days, reporting to IO, and not tampering with witnesses.

Imthiyas, Vs State of Kerala — Motor Accident Claims | Kerala HC (2019)

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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 B.SUDHEENDRA KUMAR

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MONDAY ,THE 25TH DAY OF MARCH 2019 / 4TH CHAITHRA, 1941

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Bail Appl..No. 1340 of 2019

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AGAINST THE ORDER/JUDGMENT IN CR.MP 343/2019 of DISTRICT COURT & SESSIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL ,KASARAGOD DATED 14-02-2019

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CRIME NO. 17/2019 OF Manjeswaram Police Station, Kasargod

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PETITIONER/ACCUSED NO. 1:

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IMTHIYAS, AGED 29 YEARS

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S/O.MOHAMMED, GANDHINAGAR HOUSE, KADAMBAR, MANJESHWAR TALUK, KASARAGOD DISTRICT.

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BY ADV. SRI.E.A.HARIS

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH CORT OF KERALA, ERNAKULAM.

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SRI.C.S.HRITHWIK,PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 1340 of 2019

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ORDER

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The petitioner is the first accused in Crime No. 17/2019 of Manjeswaram Police Station, registered for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 308, and 506 read with Section 149 of the IPC.

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The petitioner has filed this application under Section 438 CrPC.

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Heard.

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The learned Public Prosecutor has submitted that

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the petitioner is not involved in any other offence of similar nature. It has been further submitted by the learned Public

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Prosecutor that a counter case was also registered in connection with the incident in this case, wherein the offences alleged are punishable under Sections 143, 147, 148, 341, 324, 326 and 506 read with Section 149 of the IPC. It appears that there was exchange of blows by both sides. It appears that no grievous injury was sustained

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by the injured. Considering the facts and circumstances of

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Bail Appl..No. 1340 of 2019

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the case, I am of the view that the custodial interrogation of the petitioner is not necessary in this case. In the said circumstances an order under Section 438 CrPC in favor of the petitioner will be justified in this case.

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In the result, this application stands allowed and the respondent is directed to release the petitioner on bail in the event of his arrest in crime No. 17/2019 of Manjeswaram Police Station on condition of the petitioner executing a bond for Rs.40,000/- with two solvent sureties, each for the like sum to the satisfaction of the Station House Officer of Manjeswaram Police Station, before whom the petitioner shall surrender within 10 days, if not arrested in the meantime and subject to the following further conditions:

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(i) The petitioner shall report before the investigating Officer on every Monday between 9 am and 11 am for two months and thereafter as and when

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Bail Appl..No. 1340 of 2019

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required by the Investigating Officer for interrogation.

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(ii) The petitioner shall not intimidate or influence

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the witnesses or in any way tamper with the investigation.

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(iii) The petitioner shall not get involved in any offence during the pendency of this case.

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SD/-

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B.SUDHEENDRA KUMAR

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Nsd //TRUE COPY// PA TO JUDGE

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JUDGE

Imthiyas, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Imthiyas, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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