Allowed

Ansari, v. State of Kerala

Kerala HC20 Aug 2019Bail Appl./5713/2019

Case brief

AI extract

What is this about?

Coram Justice B. Sudheendrakumar, this bench granted pre-arrest bail (M.B.) to the petitioners accused of offences under Sections 143, 147, 148, 323, 324, 326 IPC read with 149 IPC. The court noted no criminal antecedents and no specific overt acts against them. Bail conditioned on sureties and reporting before I.O. Beneficial to acquit petitioners and stated while he didn't find them liable for g

What did the court decide?

Granted pre-arrest bail; released upon execution of bond for Rs.40,000/- each with two solvent sureties each, each for the like sum, before 2nd respondent.

Ansari, 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 B.SUDHEENDRA KUMAR

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TUESDAY, THE 20TH DAY OF AUGUST 2019 / 29TH SRAVANA, 1941

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Bail Appl..No.5713 OF 2019

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AGAINST THE ORDER/JUDGMENT IN CRMC 1161/2019 DATED 10-072019 OF DISTRICT COURT & SESSIONS COURT,KOLLAM

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CRIME NO.1152/2019 OF Kundara Police Station , Kollam

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PETITIONER/S:

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1 ANSARI,AGED 22 YEARS S/O.KABEERKUTTY, MOONNAM MADATHIL, CHATHINAMKULAM, CHANDANATHOPPE, KOLLAM- 691014.

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2 SIDDIK,AGED 18 YEARS S/O.ABDUL RASHEED, SIDDIK MANZIL, CHATHINAMKULAM, CHANDANATHOPPE, KOLLAM- 691014.

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BY ADVS. SRI.K.SIJU SMT.S.SEETHA

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM-31.

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2 THE STATION HOUSE OFFICER, KUNDARA POLICE STATION, KOLLAM DISTRICT691501.

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OTHER PRESENT:

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SMT.V.SREEJA,PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Case No. BA 5713/19

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-2-

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O R D E R

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The petitioners are accused Nos.5 and 7 in Crime No.

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1152 of 2019 of Kundara police station registered for the offences punishable under Sections 143, 147, 148, 323, 324 and 326 read with Section 149 IPC.

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The petitioners have filed this application praying

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for the relief under Section 438 Cr.P.C.

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Heard.

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The learned Public Prosecutor has submitted that

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the petitioners have no criminal antecedent. It appears that the incident in this case was not a pre-meditated incident. The 2^nd accused inflicted grievous hurt on the injured with an iron pipe. The said iron pipe was already recovered. No

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specific overt act was alleged against the petitioners. There

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Case No. BA 5713/19

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is no allegation that the petitioners inflicted any grievous hurt on the injured. The 2^nd petitioner is aged only 18 years. Considering the facts and circumstances of the case, including the fact that the petitioners have no criminal antecedent, I am inclined to grant pre-arrest bail to the petitioners.

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In the result, this application stands allowed and the respondents are directed to release the petitioners on bail in the event of their arrest in connection with the above crime, on condition of each of the petitioners executing a bond for Rs.40,000/- (Rupees forty thousand only) each with two solvent sureties each, each for the like sum to the satisfaction of the 2^nd respondent, before whom the petitioners shall surrender within ten days, if not arrested in

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the meantime and subject to the following further

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Case No. BA 5713/19

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conditions:

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(i) The petitioners shall report before the Investigating Officer on every Monday between 9 a.m. and 11 a.m. for three months and thereafter, as and when required by the Investigating Officer for interrogation.

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(ii) The petitioners shall not intimidate or influence the witnesses or in any way tamper with the investigation.

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

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B. SUDHEENDRA KUMAR, JUDGE .

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dl/

Ansari, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ansari, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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