The High Court of Kerala dismissed the application for regular bail filed by Asharaf Ali, the sole accused in a case under the Kerala Anti-social Activities (Prevention) Act, citing his pattern of violating restriction orders and extensive criminal antecedents.
Application for regular bail dismissed; petitioner not released.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945 BAIL APPL. NO. 1611 OF 2023
CRIME NO.134/2023 OF KUTTIPPURAM POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED:
ASHARAF ALI AGED 38 YEARS, S/O MUHAMMED, KATTACHIRA HOUSE, PERASSANNUR, KUTTIPPURAM, MALAPPURAM DISTRICT, PIN - 679571 BY ADVS. P.T.SHEEJISH A.ABDUL RAHMAN
RESPONDENT/STATE:
STATE OF KERALA REPRESENTED PUBLIC PROCECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR P G MANU – SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
Dated this the 24th day of March, 2023
This is a petition filed under Section 439 of the Code of Criminal Procedure, seeking regular bail and the petitioner is the sole accused in crime No.134/2023 of Kuttippuram Police Station, Malappuram.
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submitted further that, the accused visited his house to see his new born child. Therefore, the offence may be read in a light canvas to grant bail to the petitioner. The learned counsel for the petitioner pointed out that, the petitioner has been in custody from 10.02.2023 and the investigation has achieved much progress, while pursuing the relief of regular bail to the petitioner.
reported in so far as the petitioner is concerned:
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petitioner violated the restriction order for the 2nd time and noting all these facts, the learned Magistrate dismissed his application for regular bail.
his tendency to violate even restriction order for the 2nd time, the petitioner cannot be released on bail.
Accordingly, this bail application stands dismissed.
Sd/-
A. BADHARUDEEN JUDGE
SK
1 issue framed by the court
Whether the petitioner, having violated a restriction order twice and maintaining numerous criminal antecedents, is entitled to be released on regular bail.
2 provisions across 2 enactments
ASHARAF ALI
STATE OF KERALA
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
