Allowed

Kaisal.K.M v. the Station House Officer

Kerala HC27 Aug 2019Bail Appl./6011/2019

Case brief

AI extract

What is this about?

Bail application by the 4th accused in a UAPMC violence case. The High Court allowed bail as the investigation was complete, no specific overt act or weapon-based injury was alleged, and the accused had surrendered. Bail granted subject to bond and conditions.

What did the court decide?

Petitioner enlarged on bail on Rs. 40,000 bond with two solvent sureties. Conditions: no intimidation of witnesses, no new offences.

Kaisal.K.M Vs the Station House Officer — 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 27TH DAY OF AUGUST 2019 / 5TH BHADRA, 1941

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Bail Appl..No.6011 OF 2019

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CRIME NO.223/2019 OF VIDYA NAGAR POLICE STATION, KASARAGOD

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PETITIONER/S:

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KAISAL.K.M, S/O. MUHAMMED P.A., AGED 29 YEARS, PALIKKAL HOUSE, TIPPU NAGAR, ANANGOOR, KASABA VILLAGE, KASARAGOD DISTRICT

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BY ADV. SRI.SUNNY MATHEW

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RESPONDENT/S:

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1 THE STATION HOUSE OFFICER, VIDYANAGAR POLICE STATION, KASARAGOD DISTRICT

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2 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM , COCHIN – 682 031

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OTHER PRESENT:

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SMT V. SREEJA, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.6011 OF 2019

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-: 2 :-

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ORDER

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The petitioner is the 4th accused in Crime No. 223 of 2019 of Vidyanagar Police Station, registered for the offences punishable under Sections 143, 147, 148, 323, 324, 326 and 308 read with Section 149 IPC.

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The petitioner surrendered before the Court on 1-7-2019.

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Heard.

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The learned Public Prosecutor has opposed the application stating that the petitioner is involved in 17 other cases. The learned Public Prosecutor has further submitted that out of the said 17 cases, only four cases are presently pending against the petitioner. It appears that no specific overt act is alleged against the petitioner. There is also no allegation that the petitioner inflicted any

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-: 3 :-

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Bail Appl..No.6011 OF 2019

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injury on the injured with any weapon. The learned Public Prosecutor has submitted that the final report had been already filed after completing the investigation. Considering the facts and circumstances of the case, including the overt act alleged against the petitioner and also taking into consideration of the fact that the investigation is complete, I am inclined to grant bail to the petitioner.

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In the result, this application stands allowed and the petitioner shall be enlarged on bail on condition of the petitioner executing a bond for Rs. 40,000/- (Rupees forty thousand only) with two solvent sureties, each for the like sum to the satisfaction of the jurisdictional Court and subject to the following further conditions:-

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(i) The petitioner shall not intimidate or influence the witnesses, who are likely to give evidence before the Court.

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

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-: 4 :-

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Bail Appl..No.6011 OF 2019

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Needless to state that if the petitioner gets involved in any other offence during the pendency of this case, the court below/trial court shall be at liberty to proceed against the petitioner, in accordance with law, without any reference to this Court as held by the Apex Court in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).

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Sd/-B.SUDHEENDRA KUMAR, JUDGE

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ani/27/8

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/true copy/

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Bail Appl..No.6011 OF 2019

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-: 5 :-

Kaisal.K.M v. the Station House Officer

Case brief

What is this about?

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Kaisal.K.M v. the Station House Officer

Case brief

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