Allowed

Naseeb Kunju v. State of Kerala

Kerala HC12 Jun 2023Bail Appl./4330/2023

Case brief

AI extract

What is this about?

The Court granted limited custody bail to four accused persons charged with assault under various IPC sections. Bail is subject to strict conditions including appearance for interrogation and prohibiting influence on witnesses.

What did the court decide?

Application allowed on conditions including appearance for interrogation, executing bond of Rs.50,000 with sureties, and refraining from influencing witnesses.

Naseeb Kunju Vs State of Kerala — Anticipatory Bail | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

¶4

MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945

¶5

BAIL APPL. NO. 4330 OF 2023

¶6

CRIME NO.624 OF 2023 OF AMBALAPUZHA POLICE STATION

¶7

PETITIONERS/ACCUSED NOS. 1 TO 4:

¶8

1NASEEB KUNJU
AGED 47 YEARS
S/O ABDUL KHADER, KUMARAKATHVEEDU, NEERKUNNAM,
VANDANAM.P.O., ALAPPUZHA, PIN - 688005
2MOHAMMED ASHRAF.N.
AGED 29 YEARS
S/O NOUSHAD, PAKKALLIVELIKKAKAM, VANDANAM.P.O.,
ALAPPUZHA, PIN - 688005
3ABDUL SATHAR
AGED 39 YEARS
S/O MUHAMMED BASHEER, PATHILCHIRATHAIVELIKKAKAM,
VANDANAM.P.O., ALAPPUZHA, PIN - 688005
4NAVAS
AGED 46 YEARS
S/O ABDUL MUTHALIB, PUTHENCHIRA, VANDANAM.P.O.,
ALAPPUZHA, PIN - 688005
BY ADVS.
A.RAJASIMHAN
VYKHARI.K.U
ANAS ALI M.M.

¶9

RESPONDENT/STATE:

¶10

STATE OF KERALA

¶11

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

¶12

OTHER PRESENT:

¶13

PP SMT.SREEJA V

¶14

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

¶16

BAIL APPL. NO. 4330 OF 2023

¶17

BECHU KURIAN THOMAS, J.

¶18

B.A.No. 4330 of 2023

¶19

Dated this the 12^th day of June, 2023

¶20

ORDER

¶21

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

¶22

Petitioners are accused Nos.1 to 4 in Crime No.624 of 2023 of Ambalapuzha Police Station, Alappuzha District, alleging offences punishable under Sections 294(b), 324, 341 and 308 r/w Section 34 of the Indian Penal Code, 1860.

¶23

According to the prosecution, on 19-05-2023, due to an enmity with the defacto complainant, the accused had assaulted the defacto complainant and two others and thereby committed the offences alleged.

¶24

I have heard Sri.A.Rajasimhan, the learned counsel for the petitioners as well as Smt.Sreeja V., the learned Public Prosecutor.

¶25

Petitioners are alleged to have assaulted the defacto complainant and two others on 19-05-2023. The defacto complainant sustained an injury on the right side of the neck.

¶26

BAIL APPL. NO. 4330 OF 2023

¶27

¶28

Taking note of the nature of the injury and also the surrounding circumstances, I am of the view that limited custody of the petitioner would suffice the investigation.

¶29

Accordingly, this application is allowed on the following conditions:

¶30

(a) Petitioners shall appear before the Investigating Officer on 21-06-2023 from 9.am to 3.pm and shall subject themselves to interrogation.

¶31

b) If after interrogation, the Investigating Officer proceeds 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.

¶32

(c) Petitioners shall appear before the Investigating Officer as and when required and shall also co-operate with the investigation.

¶33

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

¶34

(e) Petitioners shall not commit any similar offences while they are on bail.

¶35

BAIL APPL. NO. 4330 OF 2023

¶36

¶37

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

¶38

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.

¶39

BECHU KURIAN THOMAS JUDGE

¶40

AJM

Naseeb Kunju v. State of Kerala

Case brief

What is this about?

What did the court decide?

Naseeb Kunju v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Krishna C.G, Vs the State of Kerala

Babu v Vs State of Kerala

Bindhu v. S Vs State of Kerala Rep. by Public Prosecutor

Suresh Vs State of Kerala

Joshy Thomas Vs State of Kerala

Vijayan, Vs State of Kerala