Allowed

Ashique Mansoor v. State of Kerala

Kerala HC11 Apr 2024Bail Appl./1777/2024

Case brief

AI extract

What is this about?

On completion of interrogation, the court made an interim bail order absolute. The court recorded the submission that the petitioners are free to move and imposed specific conditions on their bail.

What did the court decide?

The interim order dated 26.3.2024 for surrender for interrogation was made absolute, subject to seven conditions including cooperation with investigation and non-interference.

Ashique Mansoor Vs State of Kerala — Bail and Remand | 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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THURSDAY, THE 11^TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946

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BAIL APPL. NO. 1777 OF 2024

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CRIME NO.174/2024 OF KALPETTA POLICE STATION, WAYANAD

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PETITIONERS/ACCUSED:

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1 ASHIQUE MANSOOR

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AGED 27 YEARS

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S/O MUHAMMED ABDUL BASHEER, MAMMOCKER HOUSE,
PACHILAKKAD, KANIYAMBETTA P.O, KANIYAMBETTA
VILLAGE, WAYANAD DISTRICT., PIN - 673122

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2 DINTO JOSE AGED 34 YEARS

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S/O M.J. JOSE, MUNDUPALAKKAL HOUSE, KALPETTA
POST, ONIVAYAL, KALPETTA VILLAGE, WAYANAD
DISTRICT., PIN - 673121

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3 ABDULMUTHALIB P.H AGED 35 YEARS S/O HAMSA, PANCHARA HOUSE, KAMBALAKKAD P.O, KANIYAMBATTA VILLAGE, WAYANAD DISTRICT,, PIN - 673122

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4 HARSHAL KONNADAN AGED 30 YEARS

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S/O NASAR, KONNADAN HOUSE, THURKY, KALPETTA P.O
KALPETTA VILLAGE, WAYANAD DISTRICT., PIN - 673121

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5 SAMSHAD MARAKKAR AGED 36 YEARS S/O. MARAKKAR, CHOLAKKAL HOUSE, VARADOOR POST, POOTHADI VILLAGE WAYANAD DISTRICT,, PIN - 673591

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6 ARUNDEV C.A AGED 30 YEARS S/O APPUNNI C, CHATHOLIPARABIL HOUSE , KUNNAMBETTA POST CHUNDALE VIA, WAYANAD DISTRICT. PIN -, PIN - 673123

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7 AMAL JOY AGED 29 YEARS

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S/O JOY K.P, KUNNATHHOUSE, NOOLPUZHA POST,
KALLOOR, NOOLPUZHA VILLAGE, WAYANAD DISTRICT,,
PIN - 673592

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8 ABDUL AZEES K.A AGED 30 YEARS S/O ALI, KOMBY HOUSE, VALAD P.O. VALAD VILLAGE

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B.A.No.1777 of 2024

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-:2:-

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WAYANAD DISTRICT,, PIN - 670644

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9MUBARISH HADEEF A
AGED 23 YEARS
S/O MUTHALIB AYYIAR HOUSE, M H NAGAR, PINANGODE P
O, VENGAPPALLY VENGAPPALLY VILLAGE, WAYANAD
DISTRICT,, PIN - 673122

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10 AFSAL V. A

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AGED 31 YEARS
S/O ABDULSAMAD VALIYAPEEDIYEKKAL HOUSE, NO.
10/43, CHEERAL P.O, CHEERAL VILLAGE, WAYANAD
DISTRICT, PHONE NO: 9544473186, PIN - 673595

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11SREEJITH P.S
AGED 31 YEARS
S/O SHEKHARAN V.K PULIKKATTUKUNNIL (H),
MUNDAKKUTTY P.O, KUPPADITHARA, WAYANAD DISTRICT.,
PIN - 670645

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12 EBIN PHILIP AGED 38 YEARS S/O M.A. PHILIP, MUTTAPPALLY HOUSE, ACHOORANAM P.O, POZHUTHANA (VIA), WAYANAD DISTRICT., PIN - 673575

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13 MUHAMMED FEBIN AGED 24 YEARS S/O K K MUSTHAFA, KOTTEKARAN HOUSE, KOTTATHARA P.O, KOTTATHARA, WAYANAD DISTRICT., PIN - 673122

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14 SHAMEER E K AGED 40 YEARS

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S/O MAMMEESA ENTHANKUZHIYIL HOUSE, VYTHIRI POST
KUNNATHIDAVAKA VILLAGE, WAYANAD DISTRICT,, PIN -
673576

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BY ADV JESWIN P.VARGHESE

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RESPONDENT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN – 682031

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SR.PUBLIC PROSECUTOR SMT.NEEMA. T.V.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A.No.1777 of 2024

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-:3:-

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Dated this the 11^th day of April,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 petitioners are the accused in Crime No.174/2024 of the Kalpetta Police Station, Wayanad, registered against the accused for allegedly committing the offences punishable under Sections 143, 144, 145, 146, 147, 283, 332 r/w Section 149 of the Indian Penal Code, Section 117 (e) of the Kerala Police Act, 2011 and Section 4 of the Prevention of Damage to Public Property Act, 1984.

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When the bail application came up for consideration on 26.3.2024, this Court passed an interim order, by directing the petitioners to surrender before the Investigating Officer within seven days from

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B.A.No.1777 of 2024

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-:4:-

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the date of order and subject themselves for interrogation.

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Heard; Sri.Jeswin P. Varghese, the learned counsel appearing for the petitioners and Smt.Neema T.V., the learned Senior Public Prosecutor.

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Today, when the bail application was taken up for hearing, the learned Public Prosecutor submitted that the petitioners had appeared before the Investigating Officer and their interrogation was completed on 1.4.2024. 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 26.3.2024 absolute, subject to the following conditions:

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(i) The petitioners shall co-operate with the investigation and make themselves available for

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B.A.No.1777 of 2024

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-:5:-

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interrogation and for the purpose of investigation as and when the 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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(vii)Needless to mention, it would be well within the powers of the Investigating Officer to

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B.A.No.1777 of 2024

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-:6:-

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investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioners even while the petitioners are on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].

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SD/-

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C.S.DIAS,JUDGE

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rmm/11.4.2024

Ashique Mansoor v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ashique Mansoor v. State of Kerala

Case brief

What is this about?

What did the court decide?

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