Allowed

Anas Paral v. State of Kerala

Kerala HC15 Feb 2021Bail Appl./215/2021

Case brief

AI extract

What is this about?

This Court allowed a pre-arrest bail application filed by three accused persons charged with offences under the Indian Penal Code related to an election violence incident. Considering that the injuries sustained were not life-threatening and the matter had been amicably settled with the complainant, the Court granted bail on ₹50,000 with two sureties each.

What did the court decide?

Bail allowed on a bond for Rs. 50,000 each with two solvent sureties each for the like sum subject to specified conditions.

Anas Paral Vs State of Kerala — Bail and Remand | Kerala HC (2021)

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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 ASHOK MENON

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MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

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Bail Appl..No.215 OF 2021

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CRIME NO.635/2020 OF MAYYIL POLICE STATION, Kannur

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PETITIONERS/ACCUSED:

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ANAS PARAL AGED 39 YEARS THASNEEM, PALLIMUKKU, CHEKKIKKULAM P.O, KANNUR 1 DISTRICT 670592 DAVOOD .T.P AGED 44 YEARS DARUSSALAM, PALATHUNKARA, CHEKKIKKULAM P.O, 2 KANNUR 670592

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C.K. MUHAMMED @ MAHAMOOD AGED 57 YEARS K.P. HOUSE, KUNDILAKKANDI, CHEKKIKKULAM P.O, 3 KANNUR DISTRICT 670592

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SATHAR AGED 44 YEARS KOVAKKATT, THANDAPPURAM, CHEKKIKKULAM .P.O, KANNUR 4 DISTRICT 670592

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BASHEER .T.P AGED 37 YEARS 5 MANIYOOR, THANDAPPURAM 670592

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6 ABDULLA RAILWAY @ ABDULLA AGED 46 YEARS FIDHAS, THANDAPPURAM, CHEKKIKKULAM .P.O, KANNUR DISTRICT

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B.A.No.215/2021 2

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670592

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SHIHAB .K.T AGED 30 YEARS SHIHABUDHEEN MANZIL, THANDAPPURAM, CHEKKIKULAM 7 P.O, KANNUR DISTRICT 670592 MUKHTAR AGED 22 YEARS RAHEEMA MANZIL, THANDAPPURAM, CHEKKIKKULAM P.O, 8 KANNUR DISTRICT 670592 RAYEES. C.P AGED 30 YEARS RAMSHEENA MANZIL, PALLIMUKKU, CHEKKIKKULAM P.O, 9 KANNUR DISTRICT 670592 BASHEER .K.K AGED 47 YEARS BAITHUL IZZA, THANDAPPURAM, CHEKIKKULAM P.O, 10 KANNUR DISTRICT 670592 ANTHU RAILWAY @ ABDULLA AGED 36 YEARS SHIHABUDHEEN MANZIL, THANDAPPURAM, CHEKKIKKULAM 11 P.O, KANNUR DISTRICT 670592 ABDUL HAFEEL. M.K AGED 30 YEARS MADATHUM KUNNIL HOUSE, THARIYERI, CHEKKIKKULAM 12 P.O, KANNUR DISTRICT 670592 13 SALEEM .V.P AGED 30 YEARS VATTAPPOYIL HOUSE, PALLIMUKKU, CHEKKIKKULAM P.O,

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B.A.No.215/2021 3

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KANNUR DISTRICT 670592 RAFEEK .C.K AGED 30 YEARS DAYA MANZIL, PARAL, CHEKKIKKULAM P.O, KANNUR 14 DISTRICT 670592 BY ADVS. SRI.M.MUHAMMED SHAFI SMT.T.RASINI

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF 1 KERALA 682031 ADDL.R2 THANVEER M.P AGED 34 YEARS S/O KHALID .M.P, KHADEEJA MANZIL, THADAPPURAM, 2 MAANIYOOR, KANNUR. 670592. IS IMPLEADED AS PER THE ORDER DATED 10.2.2021 IN CRL.M.A.NO. 1/2021. ADDL.R3 THANSEER KAREKKANDY,AGED 36 YEARS S/O KHALID .M.P, KELOTH VALAPP, THADAPPURAM, 3 MAANIYOOR, KANNUR. 670592. IS IMPLEADED AS PER THE ORDER DATED 10.2.2021 IN CRL.M.A.NO.1/2021. 4 ADDL.R4 SAJAD P, AGED 25 YEARS S/O MUSTHAFA,

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B.A.No.215/2021 4

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SHAMEEMAS'S, THADAPPURAM, MANIYOOR, KANNUR. 670592. IS IMPLEADED AS PER THE ORDER DATED 10.2.2021 IN CRL.M.A.NO.1/2021.

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ADDL.R5 AFSAL M.V,AGED 26 YEARS S/O ASIYA M.V, MOOLAKKAL VEETIL, THADAPPURAM, 5 MANIYOOR, KANNUR. 670592. IS IMPLEADED AS PER THE ORDER DATED 10.2.2021 IN CRL.M.A.NO.1/2021.

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R2-5 BY ADV. SHRI.MUNAS K.P

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R1 BY SRI.SANTHOSH PETER-SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.No.215/2021 5

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O R D E R

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Dated this the 15th day of February 2021

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The applicants are accused in Crime No.635 of 2020 of Mayyil Police Station, Kannur District for having allegedly committed offences punishable under Sections 143,144,147,148,341,323,324,325,326 r/w. Section 149 of the Indian Penal Code (IPC).

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2. The prosecution case in brief is that, on

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14.1.2020 when the election to the local bodies in Kerala was held, the applicants formed themselves into an unlawful assembly and in prosecution of the common object of the said unlawful assembly, wrongfully restrained the de facto complainant and assaulted him both with their hands and dangerous weapon like iron rod causing a fracture on his left little finger. There was also a counter case registered as Crime No.607 of 2020 in which some friends of the de facto complainant are arrayed as accused.

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3. The applicants state that they are innocent in

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B.A.No.215/2021 6

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this case and the allegations are not true and hence they are approaching this Court seeking a pre-arrest bail. It is further submitted that, the only injured has settled the matter with the applicants and that the de facto complainant and the injured who have been impleaded as additional respondents 2 and 5 have appeared through their counsel and have filed an affidavit to the effect that the matter has been amicably settled and they do not have any complaint against the applicants and they have no objection in granting bail to the applicants.

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4. Heard the learned counsel for the applicants and the learned public prosecutor.

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5. The learned public prosecutor submits he got the information from the investigating officer regarding the settlement of the matter.

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6. Considering the fact that the injuries are not life threatening, this bail application is allowed. In the event of their arrest, they shall be released on bail by executing a bond for a sum of Rs.50,000/(Rupees Fifty thousand only)each with two solvent

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B.A.No.215/2021 7

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sureties each for the like sum to the satisfaction of the arresting officer and on the following conditions:

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(i) The applicants shall appear before the Investigating Officer as and when called for.

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(ii) They shall not tamper with evidence, intimidate or influence witnesses.

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(iii) They shall not get involved in similar offences during the bail period.

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In case of the breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail.

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Sd/ASHOK MENON

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pkk

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JUDGE

Anas Paral v. State of Kerala

Case brief

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What did the court decide?

Anas Paral v. State of Kerala

Case brief

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