Allowed

Abdul Samad P.K., v. State of Kerala

Kerala HC11 Oct 2019Bail Appl./6809/2019

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an anticipatory bail application filed by an accused charged with attempted murder and criminal intimidation. The court found no serious injuries and held custodial interrogation unnecessary, granting bail subject to conditions.

What did the court decide?

Anticipatory bail granted; applicant to appear before IO within ten days for interrogation; bail bond Rs.50,000 with two sureties sum same.

Abdul Samad P.K., 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 RAJA VIJAYARAGHAVAN V

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FRIDAY, THE 11TH DAY OF OCTOBER 2019 / 19TH ASWINA, 1941

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Bail Appl..No.6809 OF 2019

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CRIME NO.688/2019 OF MANNARKKAD POLICE STATION , PALAKKAD

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PETITIONER/ACCUSED:

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ABDUL SAMAD P.K., AGED 23 YEARS S/O.MARAKKAR, POOVAKKODAN HOUSE, NAYADIKUNNU, PERIMABADARI P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT.

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BY ADV. SRI.P.JAYARAM

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RESPONDENT:

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

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OTHER PRESENT:

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SRI. RAMESH CHAND PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.6809 OF 2019

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..2..

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ORDER

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This application is filed under Section 438 of the Cr.P.C.

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The applicant is herein is the accused in Crime No. 688 of

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2019 of the Mannarkkad Police Station registered under Sections 308 & 506(ii) of the IPC.

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On 01.09.2019 at about 8 pm, the applicant herein is alleged to have attacked the informant, who is a fellow student of the Najath College, Mannarkad, and caused injuries.

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The learned counsel appearing for the applicant submits that only a wordy altercation took place between the parties and no

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serious injuries were sustained by the victim.

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Heard the learned Public Prosecutor.

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6. I have considered the submissions advanced. The applicant

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is a student. On a perusal of the wound certificate, no serious injury

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appears to have been sustained by the victim. In the facts and circumstances, I do not think that the custodial interrogation of the applicant is necessary for effective investigation in the instant case.

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..3..

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Bail Appl..No.6809 OF 2019

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In the result, this application will stand allowed. The applicant shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:

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i) The applicant shall co-operate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for two months or till final report is filed, whichever is earlier.

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ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer.

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iii) He shall not commit any similar offence while on bail.

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.

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Sd/-

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RAJA VIJAYARAGHAVAN V., JUDGE

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Bka/11.10.2019

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//TRUE COPY// P.A. TO JUDGE

Abdul Samad P.K., v. State of Kerala

Case brief

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Abdul Samad P.K., v. State of Kerala

Case brief

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