Allowed

Navas v. Basheer v State of Kerala

Kerala HC3 Mar 2022Bail Appl./709/2022

Case brief

AI extract

What is this about?

High Court of Kerala granted anticipatory bail to two petitioners accused of assaulting police officers allegedly causing minor injury. Bail subject to bonds, sureties, appearance dates, and restrictions on interfering with investigation.

What did the court decide?

Application allowed; petitioners released on bail subject to bonds with sureties, appearance before IO, and non-interference conditions.

Navas v. Basheer Vs State of Kerala — Bail and Remand | 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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THURSDAY, THE 3RD DAY OF MARCH 2022 / 12TH PHALGUNA, 1943

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BAIL APPL. NO. 709 OF 2022

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CRIME NO.48/2022 OF AREECODE POLICE STATION

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PETITIONER/ACCUSED:

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1NAVAS V. BASHEER
AGED 24 YEARS
SON OF BASHEER V.,
VEETTILAKATH HOUSE, VELIYANKODE,
MALAPPURAM, PIN - 679579
2MUHAMMED BILAL K.V.
AGED 22 YEARS
SON OF KHALEEL VALIYIL,
KORUVALAPPIL, VELIYANCODE P.O.
MALAPPURAM, PIN - 679579
BY ADV C.M.MOHAMMED IQUABAL

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RESPONDENT/STATE:

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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031
BY ADV PUBLIC PROSECUTOR

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SMT. SEETHA .S. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 709 OF 2022 2

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ORDER

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This is an application for anticipatory bail.

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Petitioners are the accused in Crime No.48/2022 of

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Areecode police station, alleging commission of offences under Sections 332 and 353 r/w. 34 of the Indian Penal Code.

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Allegation against the petitioners is that when the police had questioned the petitioners noting their suspicious behaviour, the petitioners had attacked the police officials on the dead of the night at 02.30 am on 24.01.2022 and thereby, they committed the offences alleged against them.

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Learned counsel appearing for the petitioners would submit that the petitioners were visiting a friend’s house and while they were returning, they were intercepted and questioned by the police party for being seen in a pubic place at an odd hour. It is submitted that since the petitioners were afraid of being assaulted by the police officials, they ran away from the place and the police official in question had followed them and had fallen down, as a result of which he sustained a minor injury. It is submitted that the petitioners have had no occasion to attack the police officials as alleged.

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Learned Public Prosecutor submits that going by the version of the police officials in question, the petitioners had

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BAIL APPL. NO. 709 OF 2022 3

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prevented them from discharging their duty and had pushed them and as a result of which one among them sustained injuries. It is submitted that the petitioners are not entitled to be released on bail.

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Having regard to the facts and circumstance of the case and taking note of the fact that the injuruy allegedly occasioned to the police official in question is minor, Iam of the opinion that anticipatory bail can be granted to the petitioners subject to strict conditions. The custodial interrogation of the petitioners may not be necessary in the matter.

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In the result, this application is allowed. It is directed that the petitioners shall be released on bail, in the event of arrest in crime No.48/2022 of Areacode police Station subject to the following conditions:-

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

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(ii) Petitioners shall appear before the investigating officer in Crime No.48/2022 of Areacode Police station at 10.00 am on 09.03.2022, 10.03.2022 and 11.03.2022 and therafter, as and when summoned to do so;

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BAIL APPL. NO. 709 OF 2022 4

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(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No..48/2022 of Areacode police station;

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(iv) The petitioner 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.48/2022 of Areacode police station may file an application before the jurisdictional Court, for cancellation of bail.

sd/-

GOPINATH P.

JUDGE

ajt

Navas v. Basheer v State of Kerala

Case brief

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Navas v. Basheer v State of Kerala

Case brief

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