Allowed

Ansar v. State of Kerala

Kerala HC9 Jun 2023Bail Appl./1273/2023

Case brief

AI extract

What is this about?

The High Court granted pre-arrest bail to accused persons charged with assault and mischief. The Court held that limited custody would suffice for investigation and imposed conditions requiring interrogation, release on bond if arrested, and prohibitions on interfering with witnesses or leaving India.

What did the court decide?

Application for pre-arrest bail allowed on conditions including appearance for interrogation, bond execution if arrested, cooperation with investigation, no witness intimidation, no new offences, and

Ansar Vs State of Kerala — Bail and Remand | 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 BECHU KURIAN THOMAS
FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945

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BAIL APPL. NO. 1273 OF 2023

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CRIME NO.47 OF 2023 OF ALATHUR POLICE STATION

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AGAINST THE ORDER/JUDGMENTCRMC 203/2023 OF DISTRICT COURT & SESSIONS COURT, PALAKKAD

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PETITIONERS/ACCUSED NOS.1 TO 3:

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1ANSAR
AGED 22 YEARS
S/O ABDUL KHADER, ANZIL MANZIL, KALLAMCODU, NSS
COLLEGE, NENMARA, PALAKKAD, PIN - 678508
2SHINAS
AGED 27 YEARS
S/O SAKKIR HUSSAIN, KALLAMKODU, NSS COLLEGE, NENMARA,
PALAKKAD, PIN - 678508
3RAMACHANDRAN
AGED 32 YEARS
S/O SUKU, KALLAMKODU, 4 CENT COLONY, NSS COLLEGE,
NENMARA, PALAKKAD, PIN - 678508
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
SARATH K.P.
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.

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RESPONDENTS/STATE:

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1 STATE OF KERALA

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REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031

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2STATION HOUSE OFFICER
ALATHUR POLICE STATION, PALAKKAD (CRIME NO 47/2023 OF
ALATHUR POLICE STATION, PALAKKAD DISTRICT), PIN -
678541

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BY ADV PUBLIC PROSECUTOR

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OTHER PRESENT:

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PP SRI.MANU P.G

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BAIL APPL. NO. 1273 OF 2023

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¶18

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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BAIL APPL. NO. 1273 OF 2023

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BECHU KURIAN THOMAS, J.

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B.A.No. 1273 of 2023

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Dated this the 9^th day of June, 2023

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ORDER

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This is an application for pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.

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Petitioners are accused Nos. 1 to 3 in Crime No.47 of 2023 of Alathur Police Station, Palakkad District, alleging offences under Sections 452, 324, 447 and 427 r/w Section 34 of the Indian Penal Code, 1860.

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According to the prosecution on 8-01-2023, the accused trespassed into the house of the defacto complainant at 3.30.pm and assaulted him and his brother and committed mischief to the extent of Rs.1,30,000/- and thereby committed the offences alleged.

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Sri. S. Rajeev, the learned counsel for the petitioners contended that the prosecution allegations are false and that incident as alleged had not occurred. It was further submitted that petitioners are willing to abide by any conditions that may be imposed upon

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Sri.Manu P.G., the learned Public Prosecutor opposed the application and submitted that the allegations are serious and that custodial interrogation is essential since recovery has to be effective.

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BAIL APPL. NO. 1273 OF 2023

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Having regard to the circumstances of the case and also on perusing the nature of the injury inflicted by the defacto complainant and his brother, I am of the view that limited custody would suffice the investigation.

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Accordingly, this application is allowed on the following conditions:

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(i) Petitioners shall appear before the Investigating Officer on 21-06-2023 and 22-06-2023 from 9.am to 5.pm and shall subject themselves to interrogation.

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(ii) If after interrogation, the Investigating Officer proposes to arrest the petitioners, then, they shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum before the Investigating Officer.

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(iii) Petitioners shall appear before the Investigating Officer as and when required and shall also cooperate with the investigation.

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(iv) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.

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(v) Petitioners shall not commit any other offences while they are on bail.

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BAIL APPL. NO. 1273 OF 2023

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(vi) Petitioners shall not leave India without the permission of the Court having jurisdiction.

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.

¶43

BECHU KURIAN THOMAS JUDGE

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AJM

Ansar v. State of Kerala

Case brief

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Ansar v. State of Kerala

Case brief

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