Allowed

Mohammed Hassan K. a. v. State of Kerala

Kerala HC9 Feb 2023Bail Appl./792/2023

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner, an accused in a case involving offences under IPC Sections 302, 341, and 34. The court held that despite prior incidents, as the final report was filed and the petitioner had been in custody since September 2022, further detention was not warranted.

What did the court decide?

The petitioner is enlarged on bail by executing a bond for Rs. 50,000 with two sureties, subject to conditions including not intimidating witnesses and surrendering passport.

Mohammed Hassan K. a. Vs 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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THURSDAY, THE 9TH DAY OF FEBRUARY 2023 / 20TH MAGHA, 1944
BAIL APPL. NO. 792 OF 2023

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CRIME NO.967/2022 OF PALARIVATTOM POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED (A1):

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MOHAMMED HASSAN K. A.
AGED 25 YEARS
S/O ABDUL AZEEZ, RAHILA MANZIL,
KATTATHADUKKA P. O., PUTHIGE,
KASARGODE, PIN - 671321
BY ADVS.
K.S.ARUN KUMAR
SAQIB RIZWAN
VIJAY SANKAR V.H.
AMRUTHA P S
JERIN JOSEPH

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADVS.
DIRECTOR GENERAL OF PROSECUTION(AG-10)
P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC PROSECUTOR()

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SRI.P G MANU(SR PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 792 OF 2023

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O R D E R

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Dated this the 9^th day of February, 2023

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This is a petition filed under Section 439 of the Code of Criminal Procedure, seeking bail and the petitioner is the 1^st accused in crime No.967/2022 of Palarivattom Police Station.

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Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

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Perused the case diary and the materials placed by the learned Public Prosecutor.

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The prosecution allegation is that, at about 9.00 pm on 24.09.2022, while the 1^st accused was participating in a laser show named 'wolf events', the victim questioned them since the 1^st accused misbehaved towards a lady. Thereafter, accused Nos.1 and 2 with intention to do away the victim (Rajesh), attacked him and the other accused also given assistance to them. On the said premise, the prosecution

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BAIL APPL. NO. 792 OF 2023

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alleges commission of offences punishable under Section 341 and 302 r/w 34 of IPC.

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The learned counsel for the petitioner would submit

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that, the petitioner is innocent. According to the learned counsel, the petitioner has been in custody from 26.09.2022. He also pointed out that, Final Report in this crime was already filed. Therefore, further incarceration of the petitioner in custody is not warranted. The learned counsel for the petitioner further submitted that, the accused Nos. 3 to 6 were granted bail by this Court earlier. It is submitted further that the 2^nd accused was granted bail by this Court on 02.02.2023 as per order in B.A.No.113/2023.

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The learned Public Prosecutor opposed the grant of bail, highlighting the seriousness of the offences. The learned Public Prosecutor also pointed out that, this accused has involvement in the following crimes.

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BAIL APPL. NO. 792 OF 2023

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4

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(a) Crime No.597/2015 of Kumabala police station, Kasargod, where the accused alleged to have committed offences punishable under Sections 143, 147, 148, 341, 323, 324 r/w 149 IPC

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(b) Crime No.555/2016 of Kumabala police station, Kasargod, where the accused alleged to have committed offences punishable under Sections 143, 147, 148, 323, 324 r/w 149 IPC.

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(c) Crime No.677/2016 of Kumabala police station, Kasargod, where the accused alleged to have committed offences punishable under Sections 143, 145, 148, 283, 427 r/w 149 IPC.

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On perusal of the case diary, it is noticed that the charge sheet already filed. It is true that the petitioner has involvement in other crimes during the year 2015 and 2016 and none of the offences are so serious. Therefore, taking note of the fact that he has been in custody from 26.09.2022, further detention of the petitioner in custody is not warranted, in a case, where Final Report already filed.

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BAIL APPL. NO. 792 OF 2023

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8. Having appraised the above factual aspects, this

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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 trial and shall be available for trial.

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iii. The petitioner shall appear before the Investigating Officer on every Monday between 9 am and 10 am for a period of six weeks, after his release.

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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 from disclosing such facts to the court.

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BAIL APPL. NO. 792 OF 2023

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6

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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 three 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 reported or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.

Sd/-

A. BADHARUDEEN

JUDGE

nkr

BAIL APPL. NO. 792 OF 2023

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APPENDIX OF BAIL APPL. 792/2023

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PETITIONER ANNEXURES
Annexure-IA TRUE COPY OF THE TREATMENT BILL
FROM 'LEO HOSPITAL' KALPETTA, WAYANAD
DATED 25.09.2022
Annexure-IIA TRUE COPY OF THE ORDER IN CMP. NO.
7066/2022OFBAILAPPLICATION
DISMISSED BY THE HON'BLE JUDICIAL
FIRST CLASS MAGISTRATE'S COURT - IX,
ERNAKULAM DATED 23.12.2022
Annexure-IIIA TRUE COPY OF THE ORDER IN CRL.M.C.
NO. 64/2023 OF BAIL APPLICATION
DISMISSED BY THE HON'BLE SESSIONS
COURT, ERNAKULAM DATED 12.01.2023

Mohammed Hassan K. a. v. State of Kerala

Case brief

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Mohammed Hassan K. a. v. State of Kerala

Case brief

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