Allowed

Ansar Karim, v. State of Kerala

Kerala HC7 Nov 2023Bail Appl./6797/2023

Case brief

AI extract

What is this about?

The High Court of Kerala converted an interim pre-arrest bail order into an absolute bail order for accused Nos.1 to 4, subject to conditions of cooperation, non-intimidation of witnesses, and permission for traveling outside India.

What did the court decide?

The earlier interim order granting pre-arrest bail was made absolute subject to specific conditions of cooperation, non-intimidation, and non-fly-out while on bail.

Ansar Karim, 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 MOHAMMED NIAS C.P.

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TUESDAY, THE 7^TH DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945

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BAIL APPL. NO. 6797 OF 2023

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CRIME NO.610/2023 OF KOIPURAM POLICE STATION, PATHANAMTHITTA

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PETITIONERS/ACCUSED NOS.1 TO 4:

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1 ANSAR KARIM, AGED 45 YEARS, S/O ABDUL KARIM, BUNGLOW PARAMBIL, KOOTTICKAL P.O., KOTTAYAM, PIN - 686514 2 FIROZ KHAN P.H, AGED 49 YEARS, S/O P.S.HAMZA, PARAKAL HOUSE,KOOTTICKAL P.O., KOTTAYAM, PIN - 686514 3 SUNIL M.S, AGED 47 YEARS, S/O M.R.SUKUMARAN, MUTTATHIL HOUSE,KOOTTICKAL P.O., PATHANAMTHITTA, PIN - 686514 4 AJI N. SHAMS, AGED 46 YEARS, S/O C.P.SHAMS, NEDUMPARAMBIL HOUSE,KOOTTICKAL P.O.,PATHANAMTHITTA, PIN - 686514 BY ADVS. K.J.JOSEPH (ERNAKULAM) R.REMA

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RESPONDENTS/COMPLAINANT:

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

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2 THE STATION HOUSE OFFICER, KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT, PIN - 689531

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SMT. T.V. NEEMA, SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A.No.6797/2023

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..2..

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MOHAMMED NIAS C.P., J.

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- - - - - - - - - - - - - - - - - - - - -

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B.A.No. 6797/2023

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Dated this the 7^th day of November, 2023

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O R D E R

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

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The petitioners are accused Nos.1 to 4 in Crime No.610/2023 of Koipuram Police Station, Pathanamthitta District, for having allegedly committed o ffences punishable under Sections 143, 147,

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148, 149, 447, 294(b), 506, 323, 324 and 308 of the Indian Penal Code.

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The prosecution case is that, on 24.07.2023 at about 12.00 p.m., the petitioners along with the other accused persons, abused the defacto complainant and attacked him and thereby committed the offence.

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I have considered the rival contentions.

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It is seen that this Court had granted an interim order dated

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06/10/2023, at the time of admission of this case, directing the petitioners

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to surrender before the Investigating Officer within three weeks from the

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B.A.No.6797/2023

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..3..

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date of the order subjecting themselves to interrogation; that, after interrogation, in the event of arrest, the petitioners shall be released on bail upon them executing separate bonds for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer concerned and that, the said order shall be in force for four weeks.

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The learned counsel on either side submits that pursuant to

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the above order, the petitioners appeared before the Investigating Officer as directed and have been released on bail.

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In such circumstances, I am inclined to pass an order making the earlier interim order absolute, subject to the following conditions:

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(i) The petitioners shall cooperate with the Investigating Officer and shall appear as and when directed by the Investigating Officer. (ii) The petitioners shall not intimidate or attempt to influence the witnesses, tamper with any evidence, or get involved in similar offences while on bail.

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(iii) The petitioners shall not leave India without permission of the jurisdictional court.

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In case of violation of any of the above conditions, the

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B.A.No.6797/2023

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..4..

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jurisdictional Court shall be empowered to consider the application for

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cancellation, if any, and pass appropriate orders in accordance with law.

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Sd/-

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MOHAMMED NIAS C.P. JUDGE

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APA

Ansar Karim, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ansar Karim, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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