Allowed

Sirajudheen.O.K v. State of Kerala

Kerala HC10 May 2024Bail Appl./3749/2024

Case brief

AI extract

What is this about?

Accused sought anticipatory bail in a case of outraging modesty, hurt and obscene acts arising from a money dispute. The prosecution raised no serious objection. Bail was granted subject to surrender within two weeks, interrogation, bond with sureties and weekly appearance conditions.

What did the court decide?

Anticipatory bail granted subject to conditions including surrender within two weeks, bond of Rs.50,000 with two solvent sureties and weekly appearances.

Sirajudheen.O.K 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 JOHNSON JOHN

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FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946

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BAIL APPL. NO. 3749 OF 2024

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CRIME NO.533/2024 OF NADAKKAVU POLICE STATION, KOZHIKODE

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PETITIONER(S)/ACCUSED:

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SIRAJUDHEEN.O.K
AGED 60 YEARS
S/O KUNJU MUHAMMED, OTTAKALLEN HOUSE, NEDUVODE,
KUTTAPARAMBABA.P.O, ALAKODE AMSOM, TALIPARAMBA TALUK,
KANNUR DISTRICT, PIN - 670571
BY ADVS.
V.A.SATHEESH
V.T.MADHAVANUNNI

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RESPONDENT( S )/COMPLAINANT:

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

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BY ADV.SRI.SANGEETHARAJ N.R., PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.05.2024,

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THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A. No.3749 of 2024

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JOHNSON JOHN, J.

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B.A. No.3749 of 2024

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Dated this the 10^th day of May, 2024

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ORDER

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This is an application seeking anticipatory bail. The petitioner is the accused in Crime No.533/2024 of Nadakkavu Police Station registered for the offences punishable under Section 354, 323 and 294 (b) of the Indian Penal Code.

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The prosecution case is that, on 22.04.2024, at

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about 14 hours, when the de facto complainant demanded repayment of the amount due to her, the accused uttered obscene words and beat her on the face. It is also alleged that the accused caught on the chest of the de facto complainant and torn her dress and thereby committed the offences as afore-said.

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In the petition, it is stated that the petitioner is totally innocent and he is falsely implicated in this case.

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B.A. No.3749 of 2024

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According to the petitioner, as per the advice of the de facto complainant, he had joined in three chitties in Palayam Branch of the Kerala State Financial Enterprises (KSFE) and subsequently availed a loan of Rs.30 lakhs. It is stated that on 23.02.2024, Rs.4 lakhs was given to the de facto complainant from the account of the petitioner and that, subsequently on 22.04.2024 the de facto complainant demanded more money from the petitioner. When the petitioner refused, she hit on the back of the petitioner with a bunch of keys. It is submitted by the learned counsel for the petitioner that there is no necessity for custodial interrogation in this case and that the petitioner is ready to abide by any conditions that may be imposed by this Court.

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The learned Public Prosecutor has no serious objection in granting pre-arrest bail to the petitioner subject to stringent conditions.

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In the result, the bail application is allowed subject to the following conditions:-

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B.A. No.3749 of 2024

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(i) The petitioner shall surrender before the

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Investigating Officer within a period of two weeks from today, for subjecting himself for interrogation.

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(ii) After interrogation, the petitioner shall be released on bail on the very same day 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 Investigation Officer.

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(ii) The petitioner shall appear before the investigating officer in Crime No.533/2024 of

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Nadakkavu Police Station, on every Saturday at 11.00 a.m. till the final report is filed.

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(iv) The petitioner shall appear before the Investigating Officer as and when required.

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(v) The petitioner shall not attempt to influence the defacto complainant or interfere with the investigation or to influence or intimidate any

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B.A. No.3749 of 2024

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witness in Crime No.533/2024 of Nadakkavu

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Police Station;

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(vi) The petitioner shall not involve in any other

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crime while on bail.

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If any of the above conditions are violated, the Investigating Officer in Crime No.533/2024 of Nadakkavu

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Police Station can fileb application before the jurisdictional Court, for cancellation of bail.

Sd/-

JOHNSON JOHN

JUDGE

SKP/10-05

B.A. No.3749 of 2024

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APPENDIX OF BAIL APPL. 3749/2024

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PETITIONER’S ANNEXURES:
ANNEXURE A1TRUE COPY OF THE ACCOUNT STATEMENT OF THE
PETITIONER OF FEDERAL BANK, ALAKODE

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RESPONDENT'S ANNEXURES:NIL

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TRUE COPY

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P.A. TO JUDGE

Sirajudheen.O.K v. State of Kerala

Case brief

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What did the court decide?

Sirajudheen.O.K v. State of Kerala

Case brief

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