Allowed

Arafath.K v. State of Kerala

Kerala HC5 Jun 2023Bail Appl./2180/2023

Case brief

AI extract

What is this about?

Single judge of Kerala HC allowed pre-arrest bail for petitioners 2 to 5 under Section 438 CrPC. First petitioner was already released on bail. Court found overt acts against petitioners 2 to 5 were not serious, allowing bail on execution of bond and conditions regarding cooperation with investigation.

What did the court decide?

Petitioners 2 to 5 released on anticipatory bail subject to execution of bond with sureties, cooperation with investigation, and other specified conditions.

Arafath.K Vs State of Kerala — Anticipatory Bail | 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

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MONDAY, THE 5^TH DAY OF JUNE 2023 / 15TH JYAISHTA, 1945

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BAIL APPL. NO. 2180 OF 2023

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CRIME NO.234 OF 2023 OF PAZHAYANGADI POLICE STATION, KANNUR

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PETITIONERS/ ACCUSED 1 TO 5 :

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1 ARAFATH K., AGED 24 YEARS,S/O.RAZAK, KOVVAPURATH HOUSE, MADAYI AMSOM, MUTTAM, VENGARA.P.O., KANNUR DISTRICT, PIN – 670 305

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2 ALTHAF V., AGED 24 YEARS, S/O HAMZA, MUNTHAZ MANZIL, NEKKI BAZZAR, MUTTAM, VENGARA.P.O., KANNUR DISTRICT, PIN – 670 305

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3 NIYAS E., AGED 26 YEARS, S/O IBRAHIM, MAHAL RUFAIDAS MUTTAM, VENGARA.P.O., KANNUR DISTRICT, PIN – 670 305

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4 RASIK K., AGED 24 YEARS, S/O RAZAK, KOVVAPURATH HOUSE, MADAYI AMSOM, MUTTAM, VENGARA.P.O., KANNUR DISTRICT, PIN – 670 305

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5 MAJEED E.V., AGED 31 YEARS, S/O ABDUL AZIZ, ETTAPPURATH VADAKKEPURAYIL (H), MADAYI AMSOM, MUTTAM, VENGARA P.O., KANNUR DISTRICT, PIN – 670 305

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BY ADVS. P.S.BINU K.SEENA

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RESPONDENT/ COMPLAINANT :

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BAIL APPL. NO. 2180 OF 2023

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031

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BY SRI.P.G.MANU, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 2180 OF 2023

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BECHU KURIAN THOMAS, J.

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-------------------------------B.A.No.2180 of 2023

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Dated this the 5^th day of June, 2023

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ORDER

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

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Petitioners are accused Nos. 1 to 5 in Crime No.234 of 2023 of Pazhayangadi Police Station, Kannur, alleging offences under Sections 143, 147, 148, 341, 324, 326 and 506 r/w Section 149 of the Indian Penal Code, 1860.

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According to the prosecution, on 27.01.2023, at about 15.40 hours, while the defacto complainant was returning from Palakkode in his scooter, the accused wrongfully restrained him and after threatening to kill him, attacked him with an iron pipe thereby causing grievous injury on his left hand and thus committed the offences alleged.

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Adv.P.S.Binu, appearing for the learned counsel for the petitioners contended that the prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that the bail application as far as the first petitioner is concerned has become infructuous, since he was arrested on 19.04.2023 and has been released on bail thereafter. It was also submitted that no overt acts have been

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BAIL APPL. NO. 2180 OF 2023

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alleged against accused 2 to 5 and therefore, they ought to be released on anticipatory bail.

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Sri.P.G.Manu, the learned Public Prosecutor opposed the grant of bail and submitted that prosecution allegations are serious requiring custodial interrogation.

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On a consideration of the circumstances pointed out by the learned counsel for the petitioners as well as the learned Public Prosecutor and on a perusal of the FIR as well as the connected records and the wound certificate, I am of the view that since the first petitioner

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has already been arrested and the nature of the overt acts alleged against petitioners 2 to 5 are not serious, petitioners 2 to 5 can be released on anticipatory bail.

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Accordingly, I allow this application on the following conditions :-

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a) In the event of the petitioners 2 to 5 being arrested in connection with Crime No.234 of 2023 of Pazhayangadi Police Station, 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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b) Petitioners 2 to 5 shall appear before the Investigating Officer for interrogation if they are so required in writing and shall cooperate with the investigation.

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c) Petitioners 2 to 5 shall not destroy or tamper with the evidence.

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BAIL APPL. NO. 2180 OF 2023

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d) Petitioners 2 to 5 shall not commit any other similar offences while they are on bail.

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(e) 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

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Magistrate is empowered to cancel the bail in accordance with the law.

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BECHU KURIAN THOMAS, JUDGE

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RKM

Arafath.K v. State of Kerala

Case brief

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Arafath.K v. State of Kerala

Case brief

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