Allowed

Shanib @ Shani P.K. v. State of Kerala

Kerala HC21 Feb 2019Bail Appl./721/2019

Case brief

AI extract

What is this about?

The High Court at Ernakulam granted bail to the petitioner, the first accused in a case involving assault, molestation, and alleged narcotics handling, imposing conditions including a bond, reporting to the IO, and avoiding interference with witnesses.

What did the court decide?

Bail allowed subject to execution of bond with two sureties, appearing before Investigating Officer on Wednesdays, and refraining from interfering with the investigation or intimidatting complainants.

Shanib @ Shani P.K. Vs State of Kerala — Cheating and Forgery | 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 SUNIL THOMAS

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THURSDAY, THE 21ST DAY OF FEBRUARY 2019 / 2ND PHALGUNA, 1940

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Bail Appl..No. 721 of 2019

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AGAINST THE ORDER IN CMP 223/2019 of JUDICIAL MAGISTRATE OF FIRST CLASS 1, KASARAGOD

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CRIME NO. 48/2019 OF KASARAGOD POLICE STATION, KASARGOD

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PETITIONER/ACCUSED NO.1:

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SHANIB @ SHANI P.K. AGED 24 YEARS S/O.KUNHAMU.P., R/AT SHAKKEEFA MANZIL, NEAR MKH GODOWN, CHALAKKUNNU, NAYANMARMOOLA.P.O., KASABA VILLAGE, KASARAGOD DISTRICT.

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BY ADV. SRI.S.JIJI

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RESPONDENT/STATE:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031

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SR.PP C.N PRABHAKARAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 721 of 2019

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O R D E R

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Petitioner stands arrayed as the 1^st accused in Crime No.48/2019 of Kasaragod Police Station, Kasaragod for offences punishable under Sections 341, 324 and 308 read with Section 34 of IPC. According to the

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prosecution, the petitioner dealt with narcotic drug. This was opposed by the de facto complainant. As a retaliation,

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petitioner along with the co-accused attacked the de facto complainant armed with a knife. He prevented it and sustained injury on the

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palm. In the crime that was registered, accused was arrested on 21.01.2019. He is in custody since then. He seeks bail.

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2. It seems that the petitioner is involved in yet another crime. However, there is nothing to show that he has definite

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Bail Appl..No. 721 of 2019

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criminal antecedents. Considering the progress made in the investigation and the nature of injury, I am inclined to grant bail to the petitioner.

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Hence, the bail application is allowed on the following conditions:

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(i) Petitioner shall execute a bond for a sum of 40,000/- (Rupees forty thousand only)₹ with two sureties for the like sum each to the satisfaction of the jurisdictional Court. (ii) He shall appear before the Investigating Officer on all Wednesdays between 9.00 a.m. and 10.00 a.m. for a period

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of three months from the date of release.

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(iii) He shall not threaten, coerce or intimidate the defacto complainant and the witnesses nor shall he interfere in the process of investigation.

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Bail Appl..No. 721 of 2019

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(iv) He shall not get involved in any other

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identical offences.

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Sd/-

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SUNIL THOMAS, JUDGE

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Pn 21/02

Shanib @ Shani P.K. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shanib @ Shani P.K. 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

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Case details

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