Dismissed

Ajmal Khan, v. State of Kerala

Kerala HC7 Oct 2020Bail Appl./4310/2020

Case brief

AI extract

What is this about?

In this bail application, the Kerala High Court dismissed the petition under Section 438 CrPC. The court held that due to the serious nature of the robbery charge requiring custodial interrogation, the applicant was not a fit case for anticipatory bail and was directed to surrender.

What did the court decide?

Direction to the applicant to surrender before the investigating officer within two weeks and liberty to apply for regular bail upon arrest.

Ajmal Khan, Vs State of Kerala — Anticipatory Bail | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ASHOK MENON

¶4

WEDNESDAY, THE 07TH DAY OF OCTOBER 2020 / 15TH ASWINA, 1942

¶5

Bail Appl..No.4310 OF 2020

¶6

AGAINST THE ORDER/JUDGMENT IN CRMC 527/2020 OF DISTRICT COURT& SESSIONS COURT,MANJERI

¶7

CRIME NO.524/2019 OF Perinthalmanna Police Station , Malappuram

¶8

PETITIONER/S:

¶9

AJMAL KHAN, AGED 28 YEARS S/O. ALI HAJI, KAPPIL HOUSE, EDATHANATTUKARA, MALAPPURAM DISTRICT, MALAPPURAM 678 601. 678601

¶10

BY ADV. SRI.P.MOHAMED SABAH

¶11

RESPONDENT/S:

¶12

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. 682031

¶13

2 STATION HOUSE OFFICER, PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT 679 325.

¶14

OTHER PRESENT:

¶15

SRI.SANTHOSH PETER SR PP

¶16

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

Bail Appl..No.4310 OF 2020 2

¶18

O R D E R

¶19

Dated this the 7th day of October 2020

¶20

This is an application for anticipatory bail under Section 438 of Cr.P.C.

¶21

Applicant is the third accused in Crime No.524/2019 of Perinthalmanna Police Station for having allegedly committed offences punishable under Sections 363, 395, 120Br/w Section 34 of IPC.

¶22

The prosecution case, in brief, is that on 04.10.2019, accused 1 and 2 along with the applicant and some others hatched a conspiracy to rob the de facto complainant who was allegedly coming along the public road with unaccounted cash. Accordingly, when the de facto complainant travelling along the Arakkuparambu -Maruthampara Public Road, on his motorcycle bearing registration No. KL 50B 2968 at about 5 p.m., the co-accused waylaid and robbed him of Rs.4,00,000/- in cash and thereafter the applicant and other co-accused met at Pattambi and shared a sum of Rs.10,000/- each and thereby committed the offence.

¶23

The applicant states that he is innocent and that he is working in a reputed company at Bangalore and he has no other criminal antecedents. He has been falsely implicated at the instance of

¶24

Bail Appl..No.4310 OF 2020 3

¶25

accused 1 and 2 to wreak vengeance. What vengeance has the accused had against him is not explained. However, the prosecution case indicates that the applicant had a very active role in the said looting. Even though the applicant has no criminal antecedents, he will have to be interrogated to get the details of the manner in which the alleged offence of robbery was committed. Hence, it is not a fit case, where the extraordinary jurisdiction of anticipatory bail can be granted in favour of the applicant. Custodial interrogation is very important in such cases and the investigating officer cannot deny that opportunity of conducting a custodial interrogation of the applicant.

¶26

In the result, the application is dismissed. The applicant is directed to surrender before the investigating officer within two weeks. In the event of his being arrested, after interrogation and recovery if any, he shall be produced before the jurisdictional court, where he is at liberty to apply for a regular bail, which shall be considered and disposed of preferably on the very same day.

¶27

Sd/- ASHOK MENON

¶28

JUDGE

¶29

rmm

Ajmal Khan, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ajmal Khan, 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

Coram

Case details

Similar cases

M/S. Kairali Aviation Pvt. Ltd., Vs M/S. Cochin International Airport Ltd.

Vipin Kuttappan Vs State of Kerala

Princy John Vs State of Kerala

Asha Murali Vs State of Kerala

Baiju Sukumaran @ Musthafa Vs State of Kerala

Hijas Vs State of Kerala