Allowed

Kunhammed.M, v. State of Kerala

Kerala HC4 Mar 2024Bail Appl./141/2024

Case brief

AI extract

What is this about?

The High Court made the interim pre-arrest bail absolute subject to conditions after the petitioner completed interrogation. The court allowed bail with standard conditions regarding investigation cooperation and non-interference.

What did the court decide?

Pre-arrest bail made absolute subject to conditions: co-operate with investigation, no witness intimidation, no new offences, no travel abroad without permission.

Kunhammed.M, 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 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

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BAIL APPL. NO. 141 OF 2024

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CRIME NO.306/2023 OF MELPARAMBA POLICE STATION, KASARGOD

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PETITIONER/ACCUSED:

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KUNHAMMED.M,
AGED 32 YEARS
S/O MOOSA, K.M HOUSE, KIZHOOR,
CHANDRAGIRI POST, KALANAD VILLAGE,
KASARGOD DISTRICT, PIN - 671317

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BY ADVS.
P.MOHAMED SABAH
LIBIN STANLEY
SAIPOOJA
SADIK ISMAYIL
R.GAYATHRI
M.MAHIN HAMZA
ALWIN JOSEPH

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RESPONDENTS/STATE & COMPLAINANT:

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

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2
THE STATION HOUSE OFFICER,
MELPARAMBA POLICE STATION,
KASARGOD DISTRICT, PIN - 671317

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BY PP SMT SHYNIMOLE V O

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A.No.141 of 2024

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Dated this the 4^th day of March, 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 prearrest bail.

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The petitioner is the accused in Crime No.306/2023 of the Melparamba Police Station, Kasaragod, registered against the accused for the offences punishable under Sections 341, 323, 324, 294(b) and 506 r/w Section 34 of the Indian Penal Code. It is reported that subsequently, Section 326 has been incorporated by the Investigating Officer.

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When the bail application came up for consideration on 12.02.2024, 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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B.A.No.141 of 2024

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Heard; Sri.P. Mohamed Sabah, the learned

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counsel for the petitioner and Smt. Shynimol. V.O, the learned Public Prosecutor for the respondents.

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Today, when the bail application was taken up for hearing, the learned Public Prosecutor submitted

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that the petitioner had appeared before the Investigating Officer and his interrogation was completed on 17.2.2024. 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 12.02.2024 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 purpose of investigation as and when the Investigating Officer directs;

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B.A.No.141 of 2024

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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 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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(vii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail

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B.A.No.141 of 2024

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-:5:-

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as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].

Sd/-

C.S.DIAS,JUDGE

mtk/04.03.24

B.A.No.141 of 2024

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APPENDIX OF BAIL APPL. 141/2024

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PETITIONER ANNEXURES
ANNEXURE 1TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 306 OF 2023 OF
MELPARAMBA POLICE STATION, KASARGOD
DISTRICT
ANNEXURE 2TRUE COPY OF THE WOUND CERTIFICATE
DATED 21.05.2023 ISSUED BY THE GENERAL
HOSPITAL, KASARGOD
ANNEXURE 3TRUE COPY OF THE DISCHARGE SUMMARY
ISSUED FROM THE E.K. NAYANAR MEMORIAL
CO-OPERATIVE HOSPITAL, KASARGOD
ANNEXURE 4TRUE COPY OF THE ORDER DATED 27.11.2023
OF THE HONORABLE COURT OF SESSIONS,
KASARGOD IN CRL.M.C. NO. 216/2023

Kunhammed.M, v. State of Kerala

Case brief

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Kunhammed.M, v. State of Kerala

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