Allowed

Muhammed Musthafa v. State of Kerala

Kerala HC14 Feb 2019Bail Appl./817/2019

Case brief

AI extract

What is this about?

Accused persons in a rioting case under sections 143, 147, 148, 283, 353, 332 read with 149 IPC sought anticipatory bail. The High Court granted pre-arrest bail on conditions including appearance before investigation officer, execution of bond, and non-interference with witnesses.

What did the court decide?

Benefit of pre-arrest bail granted on bond of Rs. 40,000 each with two sureties, subject to conditions of appearance and non-interference.

Muhammed Musthafa 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 SUNIL THOMAS

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THURSDAY ,THE 14TH DAY OF FEBRUARY 2019 / 25TH MAGHA, 1940

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Bail Appl..No. 817 of 2019

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AGAINST THE ORDER IN CRMC 1332/2018 of SESSIONS COURT,MANJERI CRIME NO. 110/2018 OF KARIPUR POLICE STATION , MALAPPURAM

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PETITIONERS/ACCUSED:

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1 MUHAMMED MUSTHAFA, AGED 35 YEARS S/O.MOIDEENKUTTY, KUNNATHODI KINATTINGAL HOUSE, KARIPUR, KUMMINIPPARAMBU.P.O., KONDOTTY, MALAPPURAM DISTRICT.

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2 ALI ASKAR.P.A, S/O.AHAMMED HAJI, NALAMKANDATHIL HOUSE, KARIPUR, KUMMINIPPARAMBU.P.O., KONDOTTY, MALAPPURAM DISTRICT.

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3 ASSES, S/O.KUNHAHAMMED, VALAPPIL HOUSE, PALLIKKAL, KARIPUR, KONDOTTY, MALAPPURAM DISTRICT.

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4 MUHAMMADUNNI, S/O.VEERAN, NAMBILLATH HOUSE, THARAYITTAL, PALLIKKAL, KARIPUR, KONDOTTY, MALAPPURAM DISTRICT.

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5 MUHAMMED SHAFEEQUE, S/O.UNNIMOIDEENKUTTY, ULLATU HOUSE, PALLIKKAL, KARIPUR, KUMMINIPPARAMBU.P.O., MALAPPURAM DISTRICT.

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6 AHAMMED KABEER.T.P, S/O.ASSAINBAR, PENGATTIYIL HOUSE, CALICUT AIRPORT.P.O., KULATHUR, KONDOTTY, MALAPPURAM DISTRICT.

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BY ADV. SRI.R.RANJITH (MANJERI)

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RESPONDENTS/STATE & COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI682031.

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Bail Appl..No. 817 of 2019

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2 THE SUB INSPECTOR OF POLICE KARIPUR POLICE STATION, MALAPPURAM DISTRICT, PIN-676552

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PP RAMESH CHAND

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 817 of 2019

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O R D E R

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The petitioners herein are the accused in Crime No.110/2018 of Karipur Police Station, for offences punishable under sections 143, 147, 148, 283, 353 and 332 read with section 149 of the Indian Penal Code.

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The prosecution allegation is that on 17.12.2018 at about 12.15 pm., the petitioners herein formed into an unlawful assembly and committed rioting and attempted to obstruct the vehicle of Higher Education Minister by showing black flags. Crime was registered. Apprehending arrest, the petitioners seek bail. From the nature of allegations, it seems that a custodial interrogation of the petitioners is not warranted. Hence, I am inclined to grant the benefit of pre-arrest bail to the petitioners on the following conditions:

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(i) Petitioners shall appear before the investigation officer within ten days from today and shall undergo interrogation. After interrogation, identification and recovery, if any, if they are proposed to be arrested, they

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Bail Appl..No. 817 of 2019

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shall be released on bail on each executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) each with two sureties for the like sum each.

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(ii) They shall appear before the investigating officer as and when called for.

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(iii) They shall not threaten, coerce or intimidate the defacto complainant or the witnesses.

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(iv) They shall not get involved in any other identical offence and the involvement if any, will be a ground for cancellation of bail.

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Anticipatory bail application is allowed as above.

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Sd/-

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SUNIL THOMAS, JUDGE

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R.AV

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//True Copy//

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PA to Judge

Muhammed Musthafa v. State of Kerala

Case brief

What is this about?

What did the court decide?

Muhammed Musthafa v. State of Kerala

Case brief

What is this about?

What did the court decide?

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Statutes considered

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