Allowed

Haris, v. State of Kerala

Kerala HC24 Jul 2023Bail Appl./427/2023

Case brief

AI extract

What is this about?

Bail application allowed to three accused persons in a case involving assault and attempt to murder. Court granted lease bail subject to specific conditions including surrender for interrogation, cooperation with investigation, execution of bond, and restrictions on leaving India or tampering with witnesses.

What did the court decide?

Petitioners granted lease bail subject to surrender for interrogation, execution of bond with sureties, cooperation with investigation, and adherence to various other conditions.

Haris, Vs State of Kerala — Cheating and Forgery | Kerala HC (2023)

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BAIL APPL. NO. 427 OF 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 ZIYAD RAHMAN A.A.
MONDAY, THE 24TH DAY OF JULY 2023 / 2ND SRAVANA, 1945

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BAIL APPL. NO. 427 OF 2023

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CRIME NO.2314/2022 OF CHADAYAMANGALAM POLICE STATION, KOLLAM DISTRICT

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PETITIONERS/ACCUSED NOS.4 TO 6:

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1 HARIS, AGED 35 YEARS S/O ILLIAS, VALUVILAVEEDU, KARALIKONAM, ARKANOOR P.O, KOTTARAKKARA TALUK, KOLLAM, PIN - 691506

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2 MUHAMMED SHABEER@ SHABEER, AGED 30 YEARS , S/O SHAJAHAN, MATHRAKONATHU, CHARUVILA PUTHENVEEDU, KARALIKONAM, ARKANOOR P.O, KOTTARAKKARA TALUK, KOLLAM, PIN - 691506

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3 MUKESH KUMAR, AGED 35 YEARS S/O MURALEEDHARAN, ARYAMANGALATH VEEDU, CHADAYAMANGALAM P.O, KOTTARAKKARA TALUK, KOLLAM, PIN - 691506 BY ADV M.R.SASITH

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RESPONDENT/S:

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STATE OF KERALA

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

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OTHER PRESENT:

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ADV. C S HRITHWIK - SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 427 OF 2023

ZIYAD RAHMAN, A.A, J

BA No.427 of 2023

Dated this the 24th day of July, 2023

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O R D E R

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The petitioners are the accused Nos.4 to 6 in Crime No.2314/2022 of Chadayamangalam Police Station, Kollam District. The said crime was registered for the offences punishable under Sections 120(b), 341, 323, 325, 326 and 307 r/w Section 34 of the IPC.

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The prosecution case is that, on 4.12.2020 at 6.30 pm, the accused persons, in furtherance of their common intention, wrongfully restrained the defacto complainant and attacked him with a long knife by the first accused. The second accused, assaulted him with a knife, thereby causing injuries to the eyes of the defafto complainant and also for fracture of nasal bone.

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The crime was registered in such circumstances and as the petitioners apprehend arrest in connection with the investigation of the said case, this application for anticipatory bail is submitted in such circumstances.

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BAIL APPL. NO. 427 OF 2023

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Heard Sri.Sasith M.R, the learned counsel appearing for the petitioners and Sri.C.S.Hrithwik, the learned Senior Public Prosecutor appearing for the State.

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I have carefully gone through the records. One of the crucial contention raised by the learned counsel for the petitioner is that, the main allegations are alleged against the accused Nos.1 to 3 and they were already arrested by the police and were released on bail. Necessary recovery is also effected. From the perusal of the records, I find some force in the said contention. As far as the role of the petitioners are concerned, it is limited, and the main allegations are alleged against accused Nos.1 to 3, and they were already arrested.

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The petitioners have no criminal antecedents. In such circumstances, taking note of the entire materials placed before me, I am of the view that the interest of justice would be served, if the corporation of the petitioners with the investigation is ensured.

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i) The petitioners shall surrender before the

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Investigating Officer, within a period of three weeks from today, for subjecting themselves to interrogation.

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BAIL APPL. NO. 427 OF 2023

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ii) After interrogation, the petitioners shall be released on bail on the very same day of surrender upon the petitioners executing a bond for Rs 1,00,000/- (Rupees One Lakh only) each with two solvent sureties each for the like sum, to the satisfaction of the Investigating Officer.

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iii) The petitioners shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for the purpose of recovery, if any, as and when demanded.

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iv) The petitioners shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Saturday until the filing of the final report.

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v) The petitioners shall appear before the Investigating Officer as and when required.

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vi) The petitioners shall not commit any offence of similar nature while on bail.

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vii) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the

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BAIL APPL. NO. 427 OF 2023

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investigation.

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viii) The petitioners shall not leave India without the permission of the Jurisdictional Court.

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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 of bail, if any, and pass appropriate orders in accordance with the law.

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sd/-

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ZIYAD RAHMAN, A.A, JUDGE

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R.AV

Haris, v. State of Kerala

Case brief

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What did the court decide?

Haris, v. State of Kerala

Case brief

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