Allowed

Muhammed Faseem K.C. v. State of Kerala

Kerala HC23 Jan 2020Bail Appl./48/2020

Case brief

AI extract

What is this about?

The High Court of Kerala granted bail to the petitioner, first accused in a case involving dacoity and arms offences, pending culmination of proceedings as the charge sheet remains unfiled despite his custody.

What did the court decide?

Released on bail on bond of Rs.1,00,000 with two sureties and subject to standard conditions of appearing for interrogation and not tampering with evidence.

Muhammed Faseem K.C. Vs State of Kerala — Bail and Remand | Kerala HC (2020)

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Bail Appl..No.48 OF 2020

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SHIRCY V.

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THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

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Bail Appl..No.48 OF 2020

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CRIME NO.1256/2019 OF Kannur Town police station, Kannur

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PETITIONER

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MUHAMMED FASEEM K.C. AGED 24 YEARS

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S/O. MAHAROOF P.K., KOMBANCHALIL HOUSE, MUNDAYAD PALLIPARAM, VARAM, KANNUR DISTRICT.

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BY ADV. SRI.E.A.HARIS

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RESPONDENT/COMPLAINANT

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA AT ERNAKULAM.

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OTHER PRESENT:

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PUBLIC PROSECUTOR SREEJA V

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.01.2020 THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ORDER

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This application is for regular bail under Section 439 of

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the Code of Criminal Procedure.

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The petitioner is the first accused in Crime No.1256 of

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2019 of Kannur Town Police Station registered for the offences

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punishable under Section 402 of IPC and Section 25(1)A of Arms Act.

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The petitioner has been in custody since 23.11.2019.

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The prosecution allegation is that on 23.11.2019 at

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about 9.10 p.m while the Sub Inspector of Police, Kannur Town

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Police Station and his team were on their routine duty, intercepted

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a vehicle which was found without any number plate for inspecting the vehicle. Then the petitioner and the other accused were found

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with dangerous weapons and they were riding the vehicle without exhibiting the number plate with the intention to commit dacoity.

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This petitioner was arrested on the spot but the other accused fled

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away from the scene of occurrence.

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Bail Appl..No.48 OF 2020

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Heard both sides.

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The learned counsel for the petitioner submitted that

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he has been undergoing incarceration right from the date of

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his arrest ie, 23.11.2019 and hence this application.

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The learned public prosecutor has opposed the

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application and submitted that he is having criminal

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antecedents as he is involved in two other crimes. But the

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investigation of the case has progressed considerably.

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Considering the fact that he has been undergoing

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judicial custody since 23.11.2019 and charge sheet has not

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been filed till this date, I am inclined to release him on bail

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subject to the following conditions:

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(I) The petitioner shall be released on bail on his executing

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a bond for a sum of Rs.1,00,000/- (Rupees one lakh only)

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with two solvent sureties for the like sum each to the

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Bail Appl..No.48 OF 2020 4

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satisfaction of the court having jurisdiction.

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(ii) He shall be made available before the Investigating Officer for interrogation as and when required by him ,in writing.

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(iii) He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(iv) He shall not commit any offence while on bail.

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In case of violation of any of the above conditions,

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the learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/-

SHIRCY V.

JUDGE

smm

Muhammed Faseem K.C. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Muhammed Faseem K.C. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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