Allowed

Ikramul Haque v. State of Kerala

Kerala HC22 Feb 2023Bail Appl./639/2023

Case brief

AI extract

What is this about?

High Court of Kerala granted regular bail to the petitioner, an accused number in a theft case involving stolen laptops, deemed a first-time offender. Bail was conditioned on executing a bond with sureties, providing address verification, cooperating with investigation, and complying with specific presence obligations. The court addressed concerns regarding the petitioner's potential flight.

What did the court decide?

Petitioner enlarged on bail on executing bond of Rs. 75,000/- with two solvent sureties and complying with specific conditions regarding identity proof, address verification, and cooperation with inve

Ikramul Haque Vs State of Kerala — Property and Title | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

¶4

WEDNESDAY, THE 22^ND DAY OF FEBRUARY 2023/3RD PHALGUNA,

¶5

1944

¶6

BAIL APPL. NO.639 OF 2023

¶7

AGAINST THE ORDER/JUDGMENT IN CC 5/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KOLENCHERRY

¶8

PETITIONER/ACCUSED NO.3 (IS IN CUSTODY FROM 15.11.2022):

¶9

IKRAMUL HAQUE, AGED 22 YEARS, S/O.ABDUL SAMED, GUTLONG GAON, KALIABHOMORA, THEZPUR, SONITPUR, ASSAM, PIN – 784027.

¶10

BY ADVS. P.MOHAMED SABAH LIBIN STANLEY SAIPOOJA SADIK ISMAYIL R.GAYATHRI M.MAHIN HAMZA SRINATH C.V.

¶11

RESPONDENTS/STATE & COMPLAINANT:

¶12

1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031.

¶13

2 STATION HOUSE OFFICER, KUNNATHUNADU POLICE STATION, KUNNATHUNADU, ERNAKULAM DISTRICT, PIN – 683565.

¶14

BY ADV. SMT.T.V.NEEMA, SR.PUBLIC PROSECUTOR

¶15

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.02.2023, THE COURT ON 22.02.2023, DELIVERED THE FOLLOWING:

¶16

B.A. No.639 of 2023

¶17

¶18

O R D E R

¶19

This is a petition filed under Section 439

¶20

of the Code of Criminal Procedure, 1973 and the

¶21

petitioner is the accused No.3 in crime No.750/2022 of Kunnathunadu Police Station, Ernakulam, where accused Nos.1 to 3 alleged to

¶22

have committed offences punishable under Sections 457, 380 read with Section 34 of Indian Penal Code and the petitioner seeks regular bail.

¶23

petitioner as well as the learned Public Prosecutor.

¶24

Perused the relevant documents placed

¶25

by the learned Public Prosecutor form part of the Case Diary.

¶26

The prosecution allegation is that at

¶27

about 01:00 a.m. on 11.11.2023, the accused

¶28

herein in furtherance of their common intention,

¶29

B.A. No.639 of 2023

¶30

¶31

criminally trespassed upon the office of the Tile unit of the defacto complainant at Chelakulam – Kavungaparambu road and committed theft of two Laptops, one CDR drive, one Laptop bag and Laptop chargers etc. to the tune of Rs.60,000/- and, thereby, the prosecution

¶32

alleges commission of the above offences.

¶33

While canvassing regular bail to the petitioner, who has been in custody from 15.11.2022, the learned counsel for the

¶34

petitioner pointed out that the petitioner is a first time offender though accused Nos.1 and 2 are persons having criminal antecedents.

¶35

According to the learned counsel for the petitioner, though the petitioner is a native of Assam, he is ready to abide by any conditions to be imposed by this Court as a prerequisite for the release of him, on regular bail.

¶36

Whereas, the learned Public Prosecutor

¶37

submitted that the complicity of the petitioner in this case is well established and the case is

¶38

¶39

B.A. No.639 of 2023

¶40

now pending as C.C.No.5/2023 before the Judicial First Class Magistrate Court, Kolencherry. According to the learned counsel for the petitioner, if the petitioner will be released on bail, he would flee from trial and his

¶41

presence for the purpose of trial could not be secured.

¶42

On perusal of the Case Diary materials, the complicity of the petitioner in this matter is well established and two Lenova Laptops, Laptop bag and Laptop charger were recovered and produced before the Jurisdictional Court as M.O.s.

¶43

Since the petitioner has been in custody from 15.11.2022 as first time offender, he can be enlarged on bail, on imposing stringent conditions to secure his presence for trial.

¶44

Therefore, the petitioner shall be

¶45

released on bail by executing bond for

¶46

Rs.75,000/- (Rupees Seventy Five Thousand Only) each by two solvent sureties from Kerala State

¶47

B.A. No.639 of 2023

¶48

¶49

by offering security of their property while executing the bond, by producing the relevant tax receipts. That apart, the petitioner shall produce his, Identity Card issued by the Election Commission of India or Aadhaar Card, with an attested copy of the same and also a letter from the S.H.O. of the police station, where he has been residing permanently, with his residential details and name of parents and siblings with contact number of the S.H.O., before executing the bond, in order to vouch and secure his presence for trial, after release on bail.

¶50

Accordingly, this petition stands allowed and the petitioner is enlarged on bail on the following conditions:

¶51

i. The petitioner shall be released on bail on his executing bond for Rs.75,000/- (Rupees Seventy Five Thousand Only) with two solvent sureties, from Kerala State by offering security of their property while executing the bond, by

¶52

B.A. No.639 of 2023

¶53

¶54

producing the relevant tax receipts. ii.the petitioner shall produce his Identity Card issued by the Election Commission or Aadhaar card with an attested copy of the same and also a letter from the S.H.O. of the police station, where he has been residing permanently, with his residential details and name of parents and siblings with contact number of the S.H.O., before executing the bond, in order to vouch and secure his presence for trial, after release on bail. iii. The petitioner shall not intimidate the witnesses or tamper with evidence. iv. The petitioner shall co-operate with the investigation and shall be available for trial. He shall appear before the Investigating Officer on every Tuesday in between 9 a.m and 12 noon, from the date of release on bail, for a period of two months or till the final report will be filed, whichever occur first. v. 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 from

¶55

B.A. No.639 of 2023

¶56

¶57

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

¶58

vi. The petitioner shall surrender his passport, if any, within 7 days from the date of his release, before the trial court. If he has no passport, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.

¶59

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

¶60

Sd/-

¶61

A.BADHARUDEEN, JUDGE.

¶62

¶63

B.A. No.639 of 2023

¶64

¶65

APPENDIX OF BAIL APPL. 639/2023

¶66

PETITIONER'S ANNEXURES:

¶67

ANNEXURE 1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.750 OF 2022 OF KUNNATHUNADU POLICE STATION, ERNAKULAM DISTRICT. ANNEXURE 2 TRUE COPY OF THE ORDER DATED 13.01.2023 IN CRL.M.P NO.43/2023 ON THE FILE OF THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT-KOLENCHERY.

Ikramul Haque v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ikramul Haque 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

Noushad Vs State of Kerala

Laibu K.Sabu Vs State of Kerala

Vishnu Vs State of Kerala

Sarath Vs State of Kerala

John Joseph Mondero Vs State of Kerala

Nehumath Vs State of Kerala