Partly allowed

Sakeer v. State of Kerala

Kerala HC14 Aug 2019Bail Appl./5795/2019

Case brief

AI extract

What is this about?

This bench considered a bail application filed under Section 438 Cr.P.C. by six accused in a criminal case involving public provocation and assault. The High Court distinguished the petitioner with criminal antecedents from the others, who had no prior record and were not specifically alleged in the FIR. The court allowed pre-arrest bail for five petitioners and directed surrender by the sixth.

What did the court decide?

Pre-arrest bail allowed for petitioners 1, 3, 4, 5, 6 on bond of Rs.40,000 each with two sureties; bail denied for petitioner 2; direction to surrender issued.

Sakeer Vs State of Kerala — Anticipatory Bail | 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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WEDNESDAY, THE 14TH DAY OF AUGUST 2019 / 23RD SRAVANA, 1941

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Bail Appl..No.5795 OF 2019

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AGAINST THE ORDER/JUDGMENT IN CRMC 423/2019 DATED 10-04-2019 OF DISTRICT COURT& SESSIONS COURT,MANJERI

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CRIME NO.179/2019 OF Ponnani Police Station , Malappuram

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PETITIONER/ACCUSED:

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1 SAKEER, S/O. KHADER, CHERUPARAMBIL HOUSE, KUTTIKKAD, PONNANI POST, MALAPPURAM DISTRICT.

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2 DHANISH, S/O. DHARMAN, KOLAPARUTHIKKAL HOUSE, NEAR ITC, PONNANI POST, MALAPPURAM DISTRICT.

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3 ASHIQ, S/O. KHADER, CHERUPARAMBIL HOUSE, KUTTIKKAD, PONNANI POST, MALAPPURAM DISTRICT.

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4 FAISAL, S/O. GAFOOR, CHUNDAM HOUSE, KUTTIKKAD, PONNANI POST, MALAPPURAM DISTRICT.

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5 ASHIQ.K.V., S/O. ASHRAF, KARUPPAN VEETIL, KUTTIKKAD, PONNANI POST, MALAPPURAM DISTRICT.

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6 SRUTHINVAS, S/O. SREENIVASAN, KAKKAMBULI HOUSE, KADAVU, KUTTIKKAD, PONNANI POST, MALAPPURAM DISTRICT.

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BY ADVS.

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SRI.P.T.SHEEJISH SMT.K.K.NESNA

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RESPONDENT/STATE:

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

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SMT. V. SREEJA, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.5795 OF 2019

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O R D E R

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The petitioners are accused in Crime No.179/2019 of Ponnani Police Station registered for the offences punishable under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 IPC.

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The petitioners have filed this application

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under Section 438 Cr.P.C.

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Heard.

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The learned Public Prosecutor has submitted

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that the petitioner Nos.1 and 3 to 6 have no criminal antecedent. It has been submitted by the learned Public Prosecutor that petitioner No.2 is involved in another offence of similar nature committed in the year 2019. In that crime, the final report was filed stating that the accused was absconding. Since it appears that the second petitioner is a habitual

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Bail Appl..No.5795 OF 2019

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offender, I am not inclined to grant the relief under Section 438 Cr.P.C. in favour of the second petitioner. The petitioner Nos. 1 and 3 to 6 have no criminal antecedent. That apart, their names were not figured in the FIR. No specific overt-act was also alleged against them. In the said circumstances, I am inclined to grant pre-arrest bail to petitioner Nos. 1 and 3 to 6.

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In the result, this bail application stands dismissed as regards the second petitioner and allowed as regards petitioner Nos. 1 and 3 to 6 and the respondent is directed to release petitioner Nos. 1 and 3 to 6 on bail in the event of their arrest in the above said crime, on condition of petitioner Nos.1 and 3 to 6 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

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Bail Appl..No.5795 OF 2019

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Station House Officer concerned, before whom petitioner Nos. 1 and 3 to 6 shall surrender within ten

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days, if not arrested in the meantime and subject to the following further conditions:

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The petitioner Nos. 1 and 3 to 6 shall report before the Investigating Officer on every Monday between 9.00 am and 11.00 am for three months and thereafter, as and when required by the Investigating Officer for interrogation.

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The petitioner Nos. 1 and 3 to 6 shall not intimidate or influence the witnesses or in any way tamper with the investigation.

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The petitioner Nos. 1 and 3 to 6 shall not get involved in any other offence during the pendency of this case.

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The second petitioner is directed to surrender

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Bail Appl..No.5795 OF 2019

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before the Investigating Officer within ten days, if not arrested in the meantime. If the second petitioner surrenders before the Investigating Officer on any day before 9.00 a.m., within ten days as directed above, the Investigating Officer shall interrogate the second petitioner and thereafter produce the second petitioner before the Jurisdictional Magistrate on the same day. If the second petitioner files any application for regular bail on his production before the Jurisdictional Magistrate, the learned Magistrate shall consider and dispose of the application for bail in accordance with law, as expeditiously as possible.

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Sd/-

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B.SUDHEENDRA KUMAR

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JUDGE

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Nkr/14.08.19

Sakeer v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sakeer v. State of Kerala

Case brief

What is this about?

What did the court decide?

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