Allowed

Shabeer Ali.P.T, v. the State of Kerala

Kerala HC26 Feb 2019Bail Appl./879/2019

Case brief

AI extract

What is this about?

Justice Sunil Thomas granted bail to multiple accused persons in Crime No. 1/2019 related to rioting and attempted murder. The court imposed strict conditions, including execution of bonds with sureties, deposit of security to the trial court, regular reporting to the IO, prohibition from entering the police station limits, and an injunction against committing similar offences.

What did the court decide?

Bail was granted subject to conditions: bond of Rs. 50,000 with two sureties, deposit of Rs. 10,000 to the trial court, appearance before IO on Thursdays, no entry into Bekal Police Station limits, an

Shabeer Ali.P.T, 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 SUNIL THOMAS

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TUESDAY, THE 26TH DAY OF FEBRUARY 2019 / 7TH PHALGUNA, 1940

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Bail Appl..No. 879 of 2019

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AGAINST THE ORDER IN CMP 95/2019 of JUDICIAL MAGISTRATE OF FIRST CLASS -II, HOSDURG DATED 25-01-2019

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CRIME NO. 1/2019 OF BEKAL POLICE STATION, KASARGOD

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PETITIONER/5TH ACCUSED:

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SHABEER ALI.P.T, AGED 21 YEARS S/O MUHAMMED N, RESIDING AT C.H.HOUSE, NEAR DUNE SCHOOL, MANGADU, BARA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.

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BY ADVS.

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SRI.T.MADHU SMT.C.R.SARADAMANI

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RESPONDENT/STATE:

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THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, BEKAL POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

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BY ADVS. SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER ADDL.DIRECTOR GENERAL OF PROSECUTION SR. PP. SRI. C.K.SURESH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.02.2019, ALONG WITH Bail Appl..1127/2019 & Bail Appl..1424/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..Nos. 879, 1127 & 1424 of 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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TUESDAY, THE 26TH DAY OF FEBRUARY 2019 / 7TH PHALGUNA, 1940

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Bail Appl..No. 1127 of 2019

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AGAINST THE ORDER IN CMP 139/2019 of JUDICIAL MAGISTRATE OF FIRST CLASS -II, HOSDURG

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CRIME NO. 1/2019 OF BEKAL POLICE STATION, KASARGOD

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PETITIONERS/ACCUSED 3, 4 & 6:

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1 MUHAMMED ASHID.M., AGED 21 YEARS S/O. MUHAMMED KUNJI, MOIDU QUARTERS, MANGADU NEAR BARA VILLAGE OFFICE, BARA VILLAGE, HOSDURG TALUK, KASARAGOD DIST.(A3)

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2 ABDUL RAHMAN.M, AGED 24 YEARS S/O. ABDULLA @ GUJARATH ABDULLA, MARHABA MANZIL, MANGADU, BARA VILLAGE, HOSDURG TALUK, KASARAGOD DIST.(A4)

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3 KHALID B.A, AGED 24 YEARS, S/O. ABDULLA, SAMEER MANZIL, CHOYICHINKAL, MANGADU, BARA VILLAGE OFFICE, HOSDURG TALUK, KASARAGOD DIST.

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BY ADVS. SRI.JOHNSON GOMEZ SRI.S.BIJU

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RESPONDENT:

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THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, THROUGH THE SUB INSPECTOR OF POLICE, BEKAL POLICE STATION 671121.

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BY ADV. ADDL.DIRECTOR GENERAL OF PROSECUTION SR.PP C.K SURESH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.02.2019, ALONG WITH Bail Appl..1424/2019 & Bail Appl..879/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..Nos. 879, 1127 & 1424 of 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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TUESDAY, THE 26TH DAY OF FEBRUARY 2019 / 7TH PHALGUNA, 1940

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Bail Appl..No. 1424 of 2019

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AGAINST THE ORDER IN CMP 164/2019 of JUDICIAL MAGISTRATE OF FIRST CLASS -II, HOSDURG DATED 11-02-2019

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CRIME NO. 1/2019 OF BEKAL POLICE STATION, KASARGOD

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PETITIONERS/ACCUSED NOS.7 AND 8:

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1 AHAMMED NAVAS B M AGED 21 YEARS S/O. HAMSA, KOPPALAM HOUSE, MOGRAL, MOGRAL VILLAGE, KASARAGOD DISTRICT.

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2 MUHAMMED HANEEFA Y AGED 21 YEARS

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S/O. YOOSAF, ASKAR ALI MANZIL, GANDHI NAGAR, MOGRAL, MOGRAL VILLAGE, KASARAGOD DISTRICT.

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BY ADV. SRI.A.ARUNKUMAR

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RESPONDENTS/COMPLAINANT/STATE:

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

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2 THE STATION HOUSE OFFICER, CRIME NO.1 OF 2019 OF BEKAL POLICE STATION, KASARAGOD DISTRICT)-671 318

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SR. PUBLIC PROSECUTOR SRI.C.K.SURESH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.02.2019, ALONG WITH Bail Appl..879/2019 & Bail Appl..1127/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..Nos. 879, 1127 & 1424 of 2019

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O R D E R

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These bail applications are filed by some of the accused in Crime No.1/2019 of Bekal Police Station for offences punishable under Sections 143, 147, 148, 332, 333, 307 read with Section 149 of IPC and Section 3(1) of Prevention of Damage to Public Property Act, 1984. The allegation of the prosecution is that on 01.01.2019 at 3.00 hours, accused formed into an unlawful assembly along with few other persons and committed rioting. They were armed with deadly weapons. When the Police party intervened under the leadership of the ASI, who was in charge of the Police Station, and directed them to disperse, they attempted to cause grevious injuries on the de facto complainant and others. They also interfered in the discharge of the official duties of the de facto complainant. 2^nd accused was arrested from the spot. The

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Bail Appl..Nos. 879, 1127 & 1424 of 2019

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remaining accused were arrested on different dates. They are in custody since then. Some of the accused have come before this Court seeking bail.

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3. It seems that serious allegations are raised against the petitioners since they have wrongfully restrained the Police Officer from discharging his official duties. They also inflicted injuries on the Police Officer. The main role is attributed to accused Nos.1 and 2. The role attributed to the petitioners herein seems to be lesser. Most of them have criminal antecedents also.

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Still, considering the duration of detention, I am inclined to grant bail to the petitioners on the following strict conditions:

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(i) Each of the petitioner shall execute a bond for a sum of 50,000/- (Rupees fifty₹ thousand only) with two sureties for the like

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Bail Appl..Nos. 879, 1127 & 1424 of 2019

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sum each to the satisfaction of the jurisdictional Court.

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(ii) Each of the petitioner shall deposit a sum of 10,000/- (Rupees ten thousand only)₹ before the trial court within 15 working days from the date of execution of the bond. Disbursement of the amount can be considered by the trial court at the end of trial.

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(iii) They shall appear before the Investigating Officer on all Thursdays between 9.00 a.m. and 10.00 a.m. for a period of two months from the date of their release.

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(iv) Except for the compliance of the above conditions or for appearance in any court of law where their appearance is mandatory, they shall not enter the limits of Bekal Police Station for a period of two months from the date of their release. However, in case of extreme emergency, they may enter the limits with the prior permission

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Bail Appl..Nos. 879, 1127 & 1424 of 2019

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in writing of the jurisdictional court in this

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crime.

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(v) They shall not get involved in any

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other identical offences.

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Sd/-

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SUNIL THOMAS, JUDGE

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Pn 26/02

Shabeer Ali.P.T, v. the State of Kerala

Case brief

What is this about?

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Shabeer Ali.P.T, v. the State of Kerala

Case brief

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