Allowed

Muhammed Kunju @ Kalam Ani v. State of Kerala

Kerala HC21 Aug 2019Bail Appl./5872/2019

Case brief

AI extract

What is this about?

The High Court granted pre-arrest bail under Section 438 Cr.P.C. to the petitioner, held as the fourth accused in a riot case. The court observed no criminal antecedents and no need for custodial interrogation, imposing standard conditions including bail bond execution and reporting.

What did the court decide?

Petitioner granted pre-arrest bail on executing bond of Rs.30,000/- with two solvent sureties, subject to reporting and non-influence of witnesses.

Muhammed Kunju @ Kalam Ani Vs State of Kerala — Bail and Remand | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM RESENT

¶2

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

¶3

WEDNESDAY, THE 21ST DAY OF AUGUST 2019 / 30TH SRAVANA, 1941

¶4

Bail Appl..No.5872 OF 2019

¶5

AGAINST THE ORDER IN CRMP 4488/2019 DATED 19-07-2019 OF DISTRICT & SESSIONS COURT, ALAPPUZHA CRIME NO.1597/2019 OF Kayamkulam Police Station , Alappuzha

¶6

PETITIONER/S:

¶7

MUHAMMED KUNJU @ KALAM ANI AGED 22 YEARS

¶8

S/O. THAHAKUTTY, KANDISSERI THEKKATHIL, DESATHINKAM, PERINGALA,KAYAMKULAM

¶9

BY ADV. SRI.M.R.SASITH

¶10

RESPONDENT/S:

¶11

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

¶12

2 THE SUB INSPECTOR, KAYAMKULAM POLICE STATION, ALAPPUZHA-675 001

¶13

OTHER PRESENT:

¶14

SRI.C.S.HRITHWIK,PROSECUTOR

¶15

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

Bail Appl..No.5872 OF 2019

¶17

-: 2 :-

¶18

ORDER

¶19

The petitioner is the 4th accused in Crime No.1597 of 2019 of Kayamkulam Police Station registered for the offences punishable under Sections 143, 147, 148, 427, 323, 324, 341 and 308 read with Section 149 IPC.

¶20

The petitioner has filed this application praying for the relief under Section 438 Cr.P.C.

¶21

Heard.

¶22

The learned Public Prosecutor has submitted that the petitioner has no criminal antecedent. It has been further submitted by the learned Public Prosecutor that no specific overt act is alleged against the petitioner. The learned Public Prosecutor has further submitted that the name of the petitioner was not figured in the FIR. Having regard to the facts and circumstances of the case, I am of

¶23

-: 3 :-

¶24

Bail Appl..No.5872 OF 2019

¶25

the view that the custodial interrogation of the petitioner is not necessary in this case. That apart, the petitioner has no criminal antecedent. In the said circumstances, I am inclined to grant pre-arrest bail to the petitioner.

¶26

In the result, this application stands allowed and the respondents are directed to release the petitioner on bail in the event of his arrest in connection with the above crime on condition of the petitioner executing a bond for Rs.30,000/-(Rupees thirty thousand only), with two solvent sureties, each for the like sum to the satisfaction of the 2nd respondent, before whom the petitioner shall surrender within ten days, if not arrested in the meantime and subject to the following conditions:-

¶27

(i) The petitioner shall report before the Investigating Officer on every Monday between 9.00 a.m. and 11.00 a.m. for three months and thereafter, as and when required by the Investigating Officer for interrogation.

¶28

-: 4 :-

¶29

Bail Appl..No.5872 OF 2019

¶30

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

¶31

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

¶32

Sd/-B. SUDHEENDRA KUMAR, JUDGE .

¶33

Ani/

¶34

/true copy/

Muhammed Kunju @ Kalam Ani v. State of Kerala

Case brief

What is this about?

What did the court decide?

Muhammed Kunju @ Kalam Ani v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Saju Bin Salim Vs State of Kerala

A.M.Kuriakose Vs State of Kerala

Unnikrishnan M.N., Vs the State of Kerala

Irshadali Vs State of Kerala

Manju.P.T Vs State of Kerala

Shifin Ali Vs State of Kerala