Disposed

Ajmal. P.a, v. State of Kerala

Kerala HC12 Feb 2024Bail Appl./11542/2023

Case brief

AI extract

What is this about?

Pre-arrest bail application under Section 438 CrPC in a case involving IPC offences and the Prevention of Damage to Public Property Act. The petitioner surrendered and was interrogated as directed earlier; the interim order was made absolute with conditions.

What did the court decide?

Interim pre-arrest bail order made absolute subject to conditions on co-operation, witness protection, conduct, travel restrictions and cancellation.

Ajmal. P.a, Vs State of Kerala — Anticipatory Bail | Kerala HC (2024)

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BA No.11542 of 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 C.S.DIAS

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MONDAY, THE 12TH DAY OF FEBRUARY 2024 / 23RD MAGHA, 1945
BAIL APPL. NO. 11542 OF 2023

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CRIME NO.1964/2023 OF ALUVA EAST POLICE STATION, Ernakulam

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PETITIONER/S:

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AJMAL. P.A,
AGED 26 YEARS
S/O. ABBAS, PALLATH HOUSE, ULIYANNOOR. P.O. ALUVA,
ERNAKULAM DISTRICT, PIN - 683108

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BY ADV V.M.ALI

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RESPONDENT/S:

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STATE OF KERALA,

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

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OTHER PRESENT:

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SMT.SEETHA.S. SENIOR PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BA No.11542 of 2023

C.S.DIAS,J

======================

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BA No.11542 of 2023

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Dated this the 12^th day of February, 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

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Criminal Procedure, 1973, for an order of pre-arrest bail.

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The petitioner is the accused in Crime No.1964/2023

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of the Aluva East Police Station, Ernakulam, registered against

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him, for allegedly committing the offences punishable under Sections 332, 324, 294(b) of the Indian Penal Code read with

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Sec.3(2) (e) of the Prevention of Damage to Public Property Act.

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When the bail application came up for consideration on 23.1.2024, this Court passed an interim order, by directing

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the petitioner to surrender before the Investigating Officer

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BA No.11542 of 2023

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within seven days from the date of order and subject himself to interrogation.

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Heard; Sri. V.M Ali, the learned counsel appearing for the petitioner and Smt. Seetha.S., the learned Senior Public Prosecutor appearing for the respondent.

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The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 23.1.2024, the petitioner surrendered before the Investigating Officer on 26.1.2024 and his interrogation has been completed. The petitioner’s 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 23.1.2024 absolute, subject to the following conditions:

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(i) The petitioner shall co-operate with the investigation and make himself available for interrogation and for the

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BA No.11542 of 2023

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purpose of investigation as and when the Investigating Officer directs;

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

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

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(iv) The petitioner 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

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on the same, in accordance with law.

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(vi) Applications for deletion/modification of the bail

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conditions shall also be filed before the court below.

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SD/-

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C.S.DIAS, JUDGE

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sks/12.2.2024

Ajmal. P.a, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ajmal. P.a, v. State of Kerala

Case brief

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