Allowed

Ajmal @ Puttu, v. State of Kerala

Kerala HC8 Mar 2023Bail Appl./1065/2023

Case brief

AI extract

What is this about?

In a bail application challenging the cancellation of earlier bail regarding a murder charge, the High Court of Kerala granted bail to the appellant. The court considered the appellant's severe health issues arising from a prior accident and the delayed trial, imposing strict conditions on his liberty upon acknowledging the past violation of bail terms.

What did the court decide?

Granting bail on the condition of executing a bond for Rs. 1,00,000/ with two solvent sureties and complying with specific attendance and conduct restrictions.

Ajmal @ Puttu, Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2023)

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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 VIJU ABRAHAM

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WEDNESDAY, THE 8^TH DAY OF MARCH 2023 / 17TH PHALGUNA, 1944

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BAIL APPL. NO. 1065 OF 2023

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AGAINST THE ORDER/JUDGMENTSC 178/2020 OF ADDITIONAL DISTRICT

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COURT-I,MAVELIKKARA

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Bail Appl. 4779/2022 OF HIGH COURT OF KERALA

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CRIME NO.2263/2019 OF KAYAMKULAM POLICESTATION, ALAPPUZHA

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PETITIONER/ACCUSED NO.3:

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AJMAL @ PUTTU,AGED 24 YEARS S/O. NISSAMUDHEEN, PUTHENKANDATHIL PARADISE, NEAR FISH MARKET, KAYAMKULAM, ALAPPUZHA ISTRICT, PIN - 690106

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BY ADVS. OMAR SALIM,ASHISH ABY DAVID A.N.BIJU

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RESPONDENTS/STATE:

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

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2 CIRCLE INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT, KERALA,, PIN - 690502

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OTHER PRESENT:

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SR.PP - S.SAJJU

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BA No.1065 of 2023

VIJU ABRAHAM, J.

................................................................. B.A. No.1065 of 2023

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Dated this the 8^th day of March, 2023

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ORDER

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This is an application for regular bail.

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Petitioner is the 3^rd accused in Crime No.2263 of 2019 of Kayamkulam Police Station, Alappuzha District now pending as S.C 178 of 2020 pending before the District & Sessions Court-I, Mavelikara registered alleging commission of offences punishable under Sections 302, 324, 326, 212 and 34 of the Indian Penal Code, 1860.

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The alleged prosecution case is that, the defacto complainant along with his neighbour-cum-friend Puthenpuraykkal Shameerkhan aka. Shameer as well as his other friends Praveen, Sachin and Vishnu, reached Kayamkulam Highway Palace Bar in order to consume liquor, meantime they noticed that gate of the Bar was closed and when Sachin announced that gate was closed, this was heard by the accused persons who were sitting in a car bearing No. KL 26C 3284 in front of the gate and with respect to this matter somehow there arose a quarrel and owing to this enmity, accused persons 1 to 3 with the intention and preparation to murder the said

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BA No.1065 of 2023

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Shameer with the full knowledge that their act will cause the said Shameer nothing less than death, on 20.08.2019 at 11:30 p.m. in the road situated to the north of Kayamkulam Highway Palace Bar, the car numbered as KL 26C 3284, which became the death weapon was driven by 1^st accused travelling along with him were accused 2 and 3, was hit on the defacto complainant's and Sachin's legs respectively, causing injury to the joint of the left leg and bruises below the left knee and thighs of the de facto complainant and injury to Sachin's left leg thereby inflicting bodily injury to these persons and when Shameer blocked this car, 2^nd accused hit on his head with a glass beer bottle causing bodily injury and when the said Shameer fell off to the road, 1^st accused drove the car over the head of Shameer and committed murder. Hence, the accused persons 1 to 3 have committed the above mentioned offences. Further, the prosecution alleges that the accused 4 to 9 helped the accused 2 and 3 to escape from the clutches of law.

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It is submitted that the petitioner was arrested on 23.08.2019 and later he was granted bail on 21.11.2019 with a specific condition that petitioner shall not get involved in any other crime. Thereafter the petitioner got involved in Crime No.420 of 2020 and 1628 of 2020 of Kayamkulam Police Station and also Crime No.170 of 2020 of Kanakakunnu Police Station and due to the involvement in these crimes a petition was filed by the SHO, Kayamkulam Police

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BA No.1065 of 2023

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Station as Crl.M.P.No.386 of 2020 in S.C.No.178 of 2020 for cancellation of bail and thereupon the bail was cancelled as per order dated 13.10.2021. After the cancellation of the bail the petitioner was arrested and has been undergoing custody since then. Even though the petitioner preferred an application for bail before the Sessions Court, the same was rejected as per Annexure-A1 order. Thereafter petitioner has preferred two bail applications before this Court. The earlier bail application filed as B.A.No.8162 of 2021 was rejected by this Court as per Annexure-A2 order. Even though a subsequent bail application was also filed as B.A.No.4779 of 2022, the same was dismissed as withdrawn as per Annexure-A3 order. Petitioner submits that no specific overtact is alleged against him and the petitioner never had any intention or knowledge over the alleged incident that happened on that day. Petitioner submits that the investigation is over and charge sheet has been filed and more than two years the petitioner is in custody and the trial has not commenced yet.

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Learned Public Prosecutor seriously opposed the application for bail mainly contending that the murder was committed in a very brutal manner.

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The petitioner was granted bail by this Court in B.A.No.8405 of 2019 on a specific condition that he shall not enter the limits of Kayamkulam Police Station for a period of six months and

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BA No.1065 of 2023

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further that he shall not involve in any other crime. In violation of the said conditions the petitioner entered into the limits of Kayamkulam Police Station and committed the subsequent crimes ie., Crime Nos.420 of 2020 and 1628 of 2020 of Kayamkulam Police Station and Crime No.170 of 2020 of Kanakakkunnu Police Station and thereupon an application for cancellation of bail was moved which was allowed and the bail was cancelled.

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Petitioner submitted that he had met with a motor accident and severely injured and he has serious health related issues in connection with the same. Thereupon I have called for a report from the jail concerned and the Medical Officer attached to the Central Prison and Correctional Home, Poojappura, Thiruvananthapuram has submitted a report admitting the fact that the petitioner was got involved in a road traffic accident and sustained a bifrontal extra dural haemorrhage. Thereafter CSF rhinorrhea was developed and he had to be admitted in the hospital on various occasions and he is under continued medication. Petitioner was seen by the visiting Psychiatrist on 03.11.2022 for his irritability and decreased sleep and medicines have been prescribed also. It is also reported that later psychiatric evaluation was done on 04.02.2023 and drug dosages were adjusted after detailed counselling and follow up treatment is sought for from the Neuromedicine Department attached to the Medical College

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BA No.1065 of 2023

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Hospital, Thiruvananthapuram.

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I have also called for a report from the trial court concerned regarding the present stage of the case and within what time trial of the case could be completed. It is reported that the case is expected to be taken up for trial in May 2023 only.

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It is seen that the petitioner is in custody from 16.12.2020

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onwards and trial of the case has not started yet. The medical report also shows that the petitioner has health related issues in connection with a road traffic accident. Even though the petitioner has violated the earlier bail conditions and got involved in other criminal cases, taking into consideration the fact that he is in custody from 16.12.2020 onwards after cancellation of the bail order and also taking into consideration his health condition and also the fact that trial of the case has not commenced till date, I am inclined to grant bail to the petitioner, but only on stringent conditions.

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(i) The petitioner shall execute a bond for

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Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court. One of the sureties shall be a close relative of the petitioner.

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(ii) He shall appear before the Station House Officer, Kayamkulam Police Station on all second Saturdays at 11.00 a.m. until further orders.

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BA No.1065 of 2023

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(iii) He shall appear before the trial court in S.C.No.178

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of 2020 pending before the Additional District and Sessions Court – I, Mavelikkara on all posting dates without any default until specifically exempted by the trial court.

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(iv) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

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(v) He 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.2263 of 2019 of Kayamkulam Police Station, Alappuzha District may file an application before the jurisdictional court, for cancellation of bail.

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Sd/-

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VIJU ABRAHAM

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cks

Ajmal @ Puttu, v. State of Kerala

Case brief

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Ajmal @ Puttu, v. State of Kerala

Case brief

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