Allowed

Shafeeq v. State of Kerala

Kerala HC12 Apr 2019Bail Appl./1798/2019

Case brief

AI extract

What is this about?

The Kerala High Court granted anticipatory bail to two accused persons in a criminal conspiracy case involving offences under the IPC. The court imposed standard conditions including cooperation with investigation and restrictions on interfering with witnesses.

What did the court decide?

Petitioners granted bail to appear before IO within 10 days and furnished bonds of Rs.40,000 each with two solvent sureties each.

Shafeeq Vs State of Kerala — Bail and Remand | 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 ALEXANDER THOMAS

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FRIDAY, THE 12TH DAY OF APRIL 2019 / 22ND CHAITHRA, 1941

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BAIL APPL.NO. 2616 OF 2019

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AGAINST THE ORDER/JUDGMENT IN CRMC 963/2018 OF DISTRICT COURT& SESSIONS COURT,MANJERI

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CRIME NO. 590/2018 OF TIRUR POLICE STATION , MALAPPURAM

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PETITIONER:

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MAHAROOF,AGED 30 YEARS, S/O.MUHAMMEDKUTTY, VALAPPILAKATH HOUSE, BEERANCHIRA P.O., KODAKKAL, MALAPPURAM DISTRICT.

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BY ADVS. SRI.C.V.MANUVILSAN SMT.K.VIDYA P.BASHEER SHRI.SHANIL P.C. SMT.SREELEKSHMI SANALKUMAR

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RESPONDENT:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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SRI.AMJAD ALI, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.04.2019, ALONG WITH BAIL APPL.NO.1798/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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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 ALEXANDER THOMAS

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FRIDAY, THE 12TH DAY OF APRIL 2019 / 22ND CHAITHRA, 1941

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BAIL APPL.NO. 1798 OF 2019

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CRIME NO. 590/2018 OF TIRUR POLICE STATION , MALAPPURAM

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PETITIONER:

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SHAFEEQ, AGED 24 YEARS, S/O.IBRAHIMKUTTY, CHUNGATH HOUSE, BEERANCHIRA.P.O., KODAKKAL, MALAPPURAM DISTRICT.

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BY ADVS. SRI.C.V.MANUVILSAN SHRI.SHANIL P.C. SMT.K.VIDYA SMT.SREELEKSHMI SANALKUMAR

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RESPONDENT:

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STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, TIRUR POLICE STATION, MALAPPURAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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SRI.AMJAD ALI, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.04.2019, ALONG WITH BAIL APPL.NO.2616/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ALEXANDER THOMAS, J.

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B.A. Nos. 2616 & 1798 of 2019

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Dated this the 12^th day of April, 2019

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O R D E R

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The sole applicant in B.A.No.2616/2019 and the sole

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applicant in B.A.No.1798/2019 are the accused Nos.1 and 6 respectively in Crime No.590/2018 of Tirur Police Station, which has been registered for offence punishable under Secs.143, 147, 148, 324, 323, 452, 294(b) r/w 149 of the IPC.

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The brief of the prosecution case is that, on 16.9.2018 the accused persons have trespassed into the residential house of the defacto complainant and had attacked him and thus committed the abovesaid offence. The alleged incident is said to have happened on 16.9.2018 at about 5 pm. The Police after investigation has later deleted the offence u/s 452 of the IPC and has newly added offence u/s 354 and 341 of the IPC on the additional factual allegation that the wife and mother of the defacto complainant have also been assaulted by the accused persons in the abovesaid crime. It is stated that the name of the

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..4..

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B.A. Nos. 2616 & 1798 / 2019

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accused No.1 has not been stated either in the FIS by the complaint or in the FIR and no over tact has been alleged against him.

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After hearing both sides it is seen that, there are all together 6 accused in the above crime, and accused Nos. 3 and 5 have already been granted anticipatory bail by this Court as per order in BA.No.7779/2018. So also accused Nos. 2 and 4 have also been granted anticipatory bail by this Court as per order in BA.No.530/2019 and BA.No.1051/2019 respectively. The copies of the above said Bail Applications have been produced as Anxs.A-3, A-5 and A-4 respectively in BA.No.2616/2019).

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Having regard to the abovesaid factual aspects, this Court is also inclined to grant anticipatory bail to the present petitioners, accused Nos. 1 and 6 in the above crime. Accordingly it is ordered that, the petitioners shall immediately personally appear before the Investigating Officer in relation to the above crime, within 10 days from the date notified for receiving a certified copy of this judgment, and shall undergo the interrogation process. After completing the interrogation process, if the Investigating Officer arrest the petitioners, then they shall be released on bail on

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..5..

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B.A. Nos. 2616 & 1798 / 2019

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their executing separate bonds for Rs.40,000/- each and on their separately furnishing two solvent sureties for the like sum, each to the satisfaction of the Investigating Officer concerned.

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Further it is also ordered that, the grant of bail will be

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subject to the following conditions:-

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i. The petitioners shall not involve in any criminal offences of similar nature.

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ii. The petitioners shall fully co-operate with the investigation.

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iii. The petitioners shall report before the investigating officer as and when required in that connection.

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iv. The petitioners shall not influence witness or shall not tamper or attempt to tamper evidence in any manner, whatsoever.

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v. The petitioners shall not got anywhere near the residence of the defacto complainant until the conclusion of trial.

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If there is any violation of the abovesaid conditions by

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the petitioners then the jurisdictional court concerned stand hereby empowered, to consider the plea for cancellation of bail at the appropriate time.

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With these observations and directions, the above Bail Applications will stand disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

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MMG

Shafeeq v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shafeeq v. State of Kerala

Case brief

What is this about?

What did the court decide?

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