Allowed

Shaheer K v. State of Kerala

Kerala HC20 Nov 2023Bail Appl./8918/2023

Case brief

AI extract

What is this about?

The High Court of Kerala made an interim bail order absolute for the 5th accused. Conditions include cooperating with the investigation officer, refraining from influencing witnesses or tampering with evidence, not leaving India without permission, and allowing cancellation upon violation. The applicant had already appeared and surrendered under a previous interim order.

What did the court decide?

The interim bail order dated 20.10.2023 was made absolute subject to conditions of cooperation, no tampering, no unauthorized travel, and acceptance of cancellation.

Shaheer K 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 MOHAMMED NIAS C.P.

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MONDAY, THE 20TH DAY OF NOVEMBER 2023 / 29TH KARTHIKA, 1945
BAIL APPL. NO. 8918 OF 2023

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CRIME NO.444/2023 OF MANNARKKAD POLICE STATION, PALAKKAD

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PETITIONER/ACCUSED NO.5:

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SHAHEER K

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AGED 39 YEARS, SON OF SIDDIQUE KONNADAN,
KONNADAN PUNJAKKODE,
THENKARA P.O.,MANNARKAD,
PALAKKAD DISTRICT, PIN - 678582
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ

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RESPONDENTS/COMPLAINANT:

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

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SUB INSPECTOR OF POLICE
2MANNARKKAD POLICE STATION,
PALAKKAD DISTRICT, PIN - 678582
BY SMT. T.V. NEEMA, SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.8918 of 2023

ORDER

Dated this the 20^th day of November, 2023

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Apprehending arrest in Crime No.444/2023 of Mannarkkad Police Station, Palakkad, registered for offences punishable under Sections 465, 468 and 471 of the Indian Penal Code, the 5^th accused has filed this application under Section 438 of the Code of Criminal Procedure.

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The prosecution case is that on 06.06.2023 while intercepting vehicles bearing registration Nos.KL-50-H-0821, KL-55-H-4049 and KL-50-B-2570, it was noticed that earth was transported in those vehicles by making alterations in the original pass issued by the Department of Mining and Geology and thereby the accused committed the above crimes.

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The learned counsel for the petitioner contended that the prosecution allegations are false and the offences against the petitioner will not lie.

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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 20.10.2023, directing the petitioner to surrender before

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B.A.No.8918 of 2023

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the Investigating Officer within a week for subjecting himself to interrogation. It was also directed that, on such surrender, the petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.

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The learned counsel for the petitioner submits that pursuant to the above order, the petitioner had appeared before the Investigating Officer as directed and has been released on bail. The said order was in force for four weeks.

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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 petitioner shall cooperate with the Investigating Officer and shall appear as and when directed by the Investigating Officer.

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(ii) The petitioner 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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B.A.No.8918 of 2023

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

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(iv) 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.

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Sd/

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MOHAMMED NIAS C.P., JUDGE

mtk

B.A.No.8918 of 2023

APPENDIX OF BAIL APPL. 8918/2023

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PETITIONER ANNEXURES

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Annexure 1TRUE COPY OF THE FIRST INFORMATION REPORT
IN CRIME NUMBER 444 OF 2023 OF MANNARKKAD
POLICE STATION, PALAKKAD DISTRICT
TRUE COPY OF THE COMMON ORDER OF THIS
HONOURABLE COURT DATED 11.7.2023 IN
Annexure 2
B.A.NO.4615 OF 2023 AND B.A. NO.4592 OF
2023

Shaheer K v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shaheer K v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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