Allowed

Salman v. the State of Kerala

Kerala HC15 Oct 2019Bail Appl./7319/2019

Case brief

AI extract

What is this about?

The court allowed the bail application of the 13th accused in a robbery and murder case. It ordered release on a bond of Rs. 1 lakh with two sureties, subject to conditions requiring weekly appearances before the Investigating Officer and prohibitions on witness tampering.

What did the court decide?

Release on bail via bond of Rs. 1,00,000 with two sureties each for Rs. 1,00,000, conditioned on weekly appearances before Investigating Officer.

Salman Vs the State of Kerala — 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 RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 15TH DAY OF OCTOBER 2019 / 23RD ASWINA, 1941

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Bail Appl..No.7319 OF 2019

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CRIME NO.502/2019 OF KORATY POLICE STATION, THRISSUR

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PETITIONER/S:

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SALMAN

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AGED 24 YEARS S/O. RAHEESUDHEEN, HOUSE NO. 181, TYODI 13 BISWA TAURI, GHAZIABAD, UTTAR PRADESH 245 304

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BY ADVS. SRI.P.SAMSUDIN SRI.M.ANUROOP

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RESPONDENT/S:

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

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2 STATION HOUSE OFFICER KORATTY POLICE STATION, KORATTY P.O. - 680 308, THRISSUR DISTRICT

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OTHER PRESENT:

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SRI RAMESH CHAND PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.7319 OF 2019

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..2..

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ORDER

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This application is filed under Section 439 of the Cr.P.C.

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The applicant herein is the 13^th accused in Crime No. 502 of 2019 registered at the Koratty Police Station on 30.07.2019 under Sections 342, 363, 412, 414 & 395 r/w. Section 120(b) of the IPC.

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The informant in the aforesaid case is the driver of a lorry bearing Reg.No.TS-12-UB-6222. He had come to Kerala with a consignment. For his return journey to Hyderabad, he obtained an order for transportation of offal from Mattancherry. On 29.07.2019 at about 10.30 pm., while the vehicle was parked on the road side, four persons came in an Innova car and by brandishing weapons, took over possession of the lorry. The informant was pulled inside the car. They then proceeded to Chalakkudy. One Sajeev, an employee of AS Traders, who was with the victim, was threatened and he was taken along. Later, the victim and his friend were dropped by the side of the road at 1 am and the accused vanished with the lorry and the meat. It is alleged that the offal was having a value of Rs.2 lakhs. Some amounts, which were in the possession of the victims, and a couple of mobile phones were taken away by the accused. The victim approached the police on the next day and set the law in motion.

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In the course of investigation, the Investigating officer got information about the involvement of the applicant herein. According to the prosecution, the applicant had actively aided the principal accused to

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Bail Appl..No.7319 OF 2019

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..3..

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perpetrate the offences alleged and Section 395 of IPC was incorporated.

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The learned counsel appearing applicant submitted that accused

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Nos. 5 & 6 have already been released on bail. On the basis of certain random entries in the call data records, the applicant was implicated, submits the learned counsel.

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The learned Public Prosecutor has strenuously opposed the prayer. It is submitted that the allegations are extremely grave.

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I have considered the submissions advanced and have perused the records made available. It was accused Nos. 1 to 4, who had intercepted the lorry and taken away the offal, the mobile phones and cash. The prosecution records reveal that the police custody of the applicant was granted. Substantial progress has been achieved by the investigating agency. Having considered the relevant facts, I am of the view that by imposing stringent conditions, the applicant can be enlarged on bail.

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In the result, the application will stand allowed. The applicant shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. The above order shall be subject to the following conditions:

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1. The applicant shall appear before the Investigating Officer on all Saturdays between 10 a.m. and 11 a.m., for a period of three months.

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Bail Appl..No.7319 OF 2019

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..4..

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He shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.

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He shall not commit any offence while they are 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/15.10.2019

Salman v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Salman v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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