Allowed

Mujeeb Rahman v. the State of Kerala

Kerala HC8 Mar 2022Bail Appl./556/2022

Case brief

AI extract

What is this about?

In a bail application under Order in relation to Crime No.35/2022, the court considered charges of obstructing police duty and threatening officials. The court held anticipatory bail allowed for accused Nos. 2 to 5 subject to strict conditions including bonds and conduct restrictions, noting the first accused was already detained.

What did the court decide?

Application allowed; petitioners 2 to 5 released on bail subject to strict conditions including bonds of Rs.50,000/- each and observance of conduct rules.

Mujeeb Rahman Vs the State of Kerala — Anticipatory Bail | Kerala HC (2022)

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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 GOPINATH P.

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TUESDAY, THE 8^TH DAY OF MARCH 2022 / 17TH PHALGUNA, 1943

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BAIL APPL. NO. 556 OF 2022

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CRIME NO.35/2022 OF PARAPPANANGADI POLICE STATION

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PETITIONER/ACCUSED NOS.1 TO 5:

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1 MUJEEB RAHMAN

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AGED 37 YEARS
S/O.KUNJIMUHAMMED, VADANAKATH HOUSE, CHAPPAPADI,
PARAPPANANGADI, MALAPPURAM DISTRICT, PIN - 676 303.
2MANSOOR
AGED 36 YEARS

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S/O.KUNJIMUHAMMED, VADANAKATH HOUSE, CHAPPAPADI,
PARAPPANANGADI, MALAPPAURAM DISTRICT, PIN - 676 303.

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3 MUHAMMED IQBAL AGED 32 YEARS S/O.ASSAINAR, KRISHNAPARAMBIL HOUSE, CHAPPAPADI, PARAPPANANGADI, MALAPPURAM DISTRICT, PIN- 676 303.

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4SHIHABUDHEEN
AGED 32 YEARS
S/O.HAMSAKOYA, KAMMUTTAKATH HOUSE, CHAPPAPADI,
PARAPPANANGADI, MALAPPURAM DISTRICT, PIN - 676 303.
5KABEER, AGED 37 YEARS
S/O.KADER, MEENTHOORI HOUSE, AYYAPPANKAVU, CHETTIPADI,
PARAPPANANGADI, MALAPPURAM DISTRICT, PIN - 676 319.
BY ADVS.
O.V.MANIPRASAD
JOSE ANTONY

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RESPONDENT/COMPLAINANT:

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

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2 THE INSPECTOR OF POLICE PARAPPANANGADI POLICE STATION, PARAPPANANGADI P.O., MALAPPURAM DISTRICT, PIN - 676 303.

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SRI. T.R. RENJITH (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 556 OF 2022 2

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ORDER

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This is an application for anticipatory bail.

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Petitioners in this bail applicationare accused Nos.1 to 5 in Crime No.35/2022 of Parappanangadi police station, alleging commission of offences under Sections 143, 147, 225B, 353, 332, 506 r/w. 149 of the Indian Penal Code.

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Pending the bail application, the 1^st petitioner/1st accused has already been arrested and the bail application has become infructuous in so far as it relates to the 1^st accused .

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The 1^st accused is the brother of the 2^nd accused. It is alleged that when the police came to arrest the 1^st accused in relation to another case, their official duty was obstructed by all the petitioners together and they thereby committed the offences alleged against them.

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Learned counsel appearing for the petitioner submits that when the police had come to arrest the 1^st petitioner herein, they actually arrested the 2^nd accused, who is the brother of the 1^st petitioner and this led to an issue between the police and the petitioners 2 to 5. It is submitted that now the 1^st accused/1st petitioner is arrested and considering the nature of the allegations raised, custodial interrogation of the

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BAIL APPL. NO. 556 OF 2022 3

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petitioners is not necessary for the proper investigation into the crime.

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Learned Public Prosecutor opposes the grant of bail. It is submitted that all among the petitioners 2 to 5 have criminal antecedents. It is submitted that the offences alleged against them are serious as they had clearly helped the 1^st accused to escape from the custody of the police. It is submitted that they had also obstructed the lawful discharge of duty by the police officials and they had therefore, committed the offences under Sections 332 and 353 of the Indian Penal Code. It is submitted that the petitioners also threatened the police officials as a result of which they had committed the offence under Section 506 of the Indian Penal Code.

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Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioners and taking into account the fact that the 1^st petitioner has already been arrested, I am of the opinion that anticipatory bail can be granted to the petitioners subject to strict conditions.

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In the result, this application is allowed. It is directed that the petitioners 2 to 5 shall be released on bail, in the event of

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BAIL APPL. NO. 556 OF 2022 4

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arrest in crime No.35/2022 of Parappanangadi police Station subject to the following conditions:-

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(i) Petitioners 2 to 5 shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional Court;

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(ii) Petitioners 2 to 5 shall appear before the investigating officer in Crime No.35/2022 of Parappanangadi Police station at 10.00 am on 16.03.2022, 17.03.2022 and 18.03.2022 and thereafter,as and when called upon to do so;

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(iii) The petitioners 2 to 5 shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.35/2022 of Parappanangadi police station;

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(iv) The petitioners 2 to 5 shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.35/2022 of Parappanangadi police station may file an application before the jurisdictional Court, for cancellation of bail.

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sd/-

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GOPINATH P., JUDGE

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ajt

Mujeeb Rahman v. the State of Kerala

Case brief

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Mujeeb Rahman v. the State of Kerala

Case brief

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