Disposed

Ubaise v. State of Kerala

Kerala HC5 Feb 2024Bail Appl./109/2024

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail as accused in a case involving unlawful assembly and related offences. Having already surrendered and undergone interrogation pursuant to an interim order, the court made the interim order absolute subject to conditions including co-operation with investigation and non-intimidation of witnesses.

What did the court decide?

Interim order dated 17.01.2024 made absolute granting pre-arrest bail subject to conditions.

Ubaise Vs State of Kerala — Anticipatory Bail | Kerala HC (2024)

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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 C.S.DIAS

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MONDAY, THE 5^TH DAY OF FEBRUARY 2024 / 16TH MAGHA, 1945

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BAIL APPL. NO. 109 OF 2024

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CRIME NO.583/2023 OF PANAMARAM POLICE STATION, Wayanad PETITIONER/ACCUSED 3 TO 9:

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1 UBAISE AGED 25 YEARS S/O. ISMAYIL, URUVIL HOUSE, PANAMARAM P.O., MANANTHAVADY, WAYANAD, PIN - 670721

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2 HARSHAD M AGED 29 YEARS S/O. ASSAINAR, MANJERI HOUSE, PANAMARAM P.O., MANANTHAVADY, WAYANAD, PIN - 670721

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3 ARSHAD K.K. AGED 25 YEARS S/O. USMAN, KARIKUZHIYIL HOUSE, PANAMARAM P.O., MANANTHAVADY, WAYANAD, PIN - 670721

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4 ABID @ AHMAD KUTTY AGED 31 YEARS S/O. HASSAN, SWAPNA NIVAS, KAITHAKKAL, PANAMARAM P.O., MANANTHAVADY, WAYANAD, PIN - 670721

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5 HABEEB RAHMAN AGED 31 YEARS S/O. MUHAMMED, KARATHODY HOUSE, PANAMARAM P.O., MANANTHAVADY, WAYANAD, PIN - 670721

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6 MUHAMMED SALIH AGED 30 YEARS S/O. ABDULLA, DAYAROTH HOUSE, PANAMARAM P.O., MANANTHAVADY, WAYANAD, PIN - 670721

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7 JASSER

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AGED 44 YEARS

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S/O. IBRAHIM KUTTY, KADANNOLY HOUSE, PANAMARAM P.O., MANANTHAVADY, WAYANAD, PIN - 670721

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BY ADVS. M.A.AHAMMAD SAHEER E.A.HARIS MUHAMMED YASIL

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BAIL APPL. NO. 109 OF 2024

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RESPONDENT/STATE AND COMPLAINANT:

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

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Sr pp sri c s hrithwik

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.02.2024, THE COURT ON THE SAME DAY DELIVERED THE

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FOLLOWING:

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BAIL APPL. NO. 109 OF 2024

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O R D E R

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The application is filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of pre-arrest bail.

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The petitioners are the accused Nos. 3 to 9 in Crime No.583/2023 of Panamaram Police Station, Wayanad, registered against the accused for allegedly committing the offences punishable under Sections 143, 147, 148, 341, 324, 308 & 506 read with Section 34 of the Indian Penal Code, 1860.

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When the bail application came up for consideration on 17.01.2024, this Court passed an interim order, by directing the petitioner to surrender before the Investigating Officer within seven days from the date of order and subject himself for interrogation.

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BAIL APPL. NO. 109 OF 2024

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Heard; Sri. M.A.Ahammad Saheer, the

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learned counsel appearing for the petitioners and Sri.C.S.Hrithwik, the learned Senior Public Prosecutor appearing for the respondents.

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The learned Public Prosecutor, on

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instructions, submitted that, pursuant to the order dated 17.01.2024 passed by this Court, the petitioners appeared before the Investigating Officer on 19.01.2024 and subjected themselves to interrogation. The petitioners further presence is not required. Hence, the interim order can be made absolute, subject to additional conditions. The said submission is recorded.

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Resultantly, the bail application is disposed of by making the interim order dated 17.01.2024 absolute, subject to the following conditions:

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(i) The petitioners shall co-operate with the investigation and make themselves available for interrogation and for the purpose of investigation as and when the

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BAIL APPL. NO. 109 OF 2024

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Investigating Officer directs;

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(ii) The petitioners shall not intimidate witnesses or interfere with the investigation in any manner;

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(iii) The petitioners shall not get involved in any other offence while on bail.

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(iv) The petitioners shall not leave India without the permission of the jurisdictional Court;

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(v) In case of violation of any of the conditions above, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

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(vi) Applications for deletion/modification of the bail conditions shall also be filed before the court below.

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Sd/-C.S.DIAS(J) JUDGE

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lsn

Ubaise v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ubaise v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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