Allowed

Ashif Ali.T, v. the State of Kerala

Kerala HC17 Feb 2023Bail Appl./551/2023

Case brief

AI extract

What is this about?

Mailed bail application allowed for petitioner in robbery case involving value of Rs.60 Lakh. Petitioner admitted to absconding but court granted bail on strict conditions including surrender of passport, cooperation with investigation, and immediate cancellation if new offence committed.

What did the court decide?

Petitioner released on bail on executing bond of Rs.50,000 with two sureties, subject to strict conditions including regular appearance and passport surrender.

Ashif Ali.T, Vs the 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 A. BADHARUDEEN

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FRIDAY, THE 17^TH DAY OF FEBRUARY 2023 / 28TH MAGHA, 1944

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BAIL APPL. NO. 551 OF 2023

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CRIME NO.729/2021 OF KASABA POLICE STATION, KOZHIKODE

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PETITIONER/ACCUSED:

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ASHIF ALI.T, AGED 22 YEARS, S/O. ABDUL RAZAK, NAFEES MAHAL, PAYYANAKKAL.P.O, KALLAI, KOZHIKODE, PIN - 673003 BY ADV K.V.SREE VINAYAKAN

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RESPONDENTS/STATE:

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1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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2 STATION HOUSE OFFICER, KASABA POLICE STATION, KOZHIKODE DISTRICT, PIN - 673004

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SMT.T.V.NEEMA – SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

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17.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No. 551 of 2023

ORDER

Dated this the 17^th day of February, 2023

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This is an application for regular bail, filed by Ashif Ali.T., now arrayed as 10^th accused in Crime No.729/2021 of Kasaba Police Station.

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Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the relevant materials form part of the case diary, placed by the learned Public Prosecutor.

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The prosecution allegation is that, at about 22.00 hrs on 20.9.2021, when the de facto complainant was traveling on his bike, bearing Registration No.KL 11 AU 8728 from his jewelery shop, named ‘M.K.Gold’ at Link Road, Kozhikode to M.R.Gold ornaments manufacturing unit at Mankavu, carrying 1.200 Kilogram melted gold nugget, having value of Rs.60 Lakh, and when he reached at the main gate of Jubilee Hall at Kandamkulam, eight persons, who reached there on their respective motor cycles, attacked the defacto complainant and snatched the gold nugget from his pocket and left the place. On this premise, prosecution alleges commission of offence punishable under Section 395 of the Indian Penal Code.

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B.A.No. 551 of 2023

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While pressing for regular bail to the petitioner, who has been in custody from 12.12.2022, the learned counsel for the petitioner would submit that all other accused are on bail and the petitioner’s application for regular bail was dismissed by the Magistrate Court twice, since he has absconded, after commission of the offence. Highlighting the progress of investigation, the learned counsel for the petitioner pressed for regular bail.

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Whereas, the learned Public Prosecutor opposed bail, on the submission that, out of 1.200 Kilogram of gold, only 1.09 Kilogram of gold recovered by the Investigating Officer and the remaining gold yet to be recovered and some of the accused are yet to be arrested. It is pointed out that, since the petitioner has absconded after commission of the offence and against whom, look out notice was published by the police, if the petitioner will be released on bail, he would flee from trial and he shall be detained in custody till the trial is over. However, it is submitted by the learned Public Prosecutor that accused Nos.1 to 9 and 11 to 18 were released on bail.

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In this case, the petitioner has been in custody for the last 64 days and accused Nos.1 to 9 and 11 to 18 were already granted bail. That apart, a substantial portion of the stolen gold nugget also was recovered. In view of the above, even though the

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B.A.No. 551 of 2023

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petitioner is a person who absconded after commission of the crime, he can be enlarged on bail on conditions and one among the condition is that, the petitioner shall not involve similar offence during the currency of bail hereby granted and any such event, if rep orted, or cam e to the notice of this court, the same by itself shall be a reason to cancel the bail hereby granted.

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Therefore, this petition stands allowed. The petitioner is enlarged on bail on conditions:

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i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court concerned.

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ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

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iii. The petitioner shall appear before the Investigating Officer as and when directed, apart from appearing before the Investigating Officer on all Mondays between 9 am and 10 am, for a period of two months.

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iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him

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B.A.No. 551 of 2023

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from disclosing such facts to the court or to any police officer.

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v. The petitioner shall surrender his passport before the Jurisdictional Court on the date of execution of the bail bond or within ten days therefrom, with special permission of the Jurisdictional Court. If the petitioner has no passport, he shall file an affidavit to that effect, instead of surrendering passport.

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vi. The petitioner shall not involve in any other offence during the currency of bail and any such event, if rep orted, or cam e to the notice of this court, the same shall be a reason to cancel the bail hereby granted.

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Sd/-

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A. BADHARUDEEN JUDGE

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Ashif Ali.T, v. the State of Kerala

Case brief

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Ashif Ali.T, v. the State of Kerala

Case brief

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