Allowed

Sadik K.M. v. State of Kerala

Kerala HC9 Feb 2021Bail Appl./979/2021

Case brief

AI extract

What is this about?

The Kerala High Court granted regular bail to five accused persons charged with offences including rioting and attempted murder. The court emphasized recovery of weapons and lack of criminal antecedents, imposing strict bail conditions regarding witness protection and reporting.

What did the court decide?

Petitioners released on bail on execution of bond for Rs.50,000 each with two solvent sureties for the like amount, subject to strict conditions.

Sadik K.M. Vs State of Kerala — Murder and Culpable Homicide | 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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TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

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Bail Appl.No.979 OF 2021

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CRIME NO.47/2021 OF Ambalathara Police Station , Kasargod

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PETITIONER/S:

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1 SADIK K.M.

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AGED 21 YEARS, S/O. MAJEED, NAYKUTTIPARA HOUSE, PULLUR VILLAGE

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AMBALATHARA, KASARAGOD DISTRICT – 671316.

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2 NAZARUDDIN K.M., AGED 19 YEARS, S/O. MAJEED, NAYKUTTIPARA HOUSE, PULLUR VILLAGE AMBALATHARA, KASARAGOD DISTRICT – 671316.

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3 HAMEED A.M., AGED 52 YEARS, S/O. MUHAMMED KUNHI, NAYKUTTIPARA HOUSE, PULLUR VILLAGE AMBALATHARA, KASARAGOD DISTRICT – 671316.

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4 ALTHAF @ ATHAVULLA, AGED 25, S/O HAMEED, NAYKUTTIPARA HOUSE, PULLUR VILLAGE, AMBALATHARA, KASARAGOD DISTRICT – 671 316.

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5 RAIS, AGED 19 YEARS, S/O. ABDUL RAHEEM, VELIKKOTH HOUSE, NAYKUTTIPARA HOUSE, PULLUR VILLAGE, AMBALATHARA, KASARAGOD DISTRICT – 671316.

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BY ADV. SHRI.AJAI BABU

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Bail Appl.No.979 OF 2021

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031. 2 THE STATION HOUSE OFFICER (CRIME NO.47 OF 2021 OF AMBALATHARA POLICE STATION) KASARAGOD DISTRICT – 671531. BY SRI.SANTHOSH PETER SR PP OTHER PRESENT:

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl.No.979 OF 2021

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O R D E R

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Dated this the 9th day of February 2021

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This is an application for regular bail under

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Section 439 of the Cr.P.C.

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The applicants are accused 1 to 5 in Crime No.47/2021 of Ambalathara Police Station for having

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allegedly committed the offences punishable under Sections 143, 147, 148, 341, 324 and 307 read with

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Section 34 of the I.P.C.

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The prosecution case, in brief, is that on

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16.01.2021 at about 9.00 PM at Naykuttippara in Pullur village, the applicants formed an unlawful assembly and

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in prosecution of the common object of the said

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unlawful assembly to commit murder of the de facto complainant, he and his friend Sameer were wrongfully restrained and attacked with dangerous weapons like

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iron rods and sickles and serious injuries were caused

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on the head and hand of the de facto complainant and his friend.

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Bail Appl.No.979 OF 2021

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The applicants state that they were all arrested

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on 18.01.2021 and were remanded to judicial custody, they do not have any criminal antecedents and the

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weapons have already been recovered, and therefore, they seek regular bail.

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Heard the learned Counsel for the applicants and the learned Public Prosecutor.

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The learned Public Prosecutor admits that the

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applicants have no criminal antecedents. The weapons have already been recovered. It is accused 1 and 2, who have inflicted the grievous injuries, but the injuries are not life threatening. The de facto complainant and his friend had also attacked some of the applicants for which Crime No.48/2021 of the same Police Station has been registered as a counter-case for an offence under Section 308 of the I.P.C.

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The applicants were in custody from 18.01.2021 and since recovery has already been over, I find no reason to incarcerate them for any longer period than

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Bail Appl.No.979 OF 2021

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this. The applicants can be released on bail on strict conditions.

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In the result, the Bail Application is allowed and the applicants are directed to be released on bail on the execution of bond for Rs.50,000/- (Rupees fifty

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thousand only) each, with two solvent sureties each, for the like amount to the satisfaction of the jurisdictional court, on the following other

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conditions:

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i) They shall appear before the investigating officer on all Saturdays between 9.00 AM and 12.00 noon for

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a period of two months or till the final report is filed, whichever is earlier;

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ii) They shall not attempt to influence or intimidate the witnesses; and

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iii) They shall not get involved in similar offences during the currency of the bail.

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In case of breach of any of the bail conditions,

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the prosecution shall be at liberty to apply for

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Bail Appl.No.979 OF 2021

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cancellation of the bail before the jurisdictional

Court.

Sd/-

dkr

ASHOK MENON

JUDGE

Sadik K.M. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sadik K.M. v. State of Kerala

Case brief

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