Regular bail application by three murder accused in custody for over two years pending trial. Noting the trial is scheduled and co-accused were already granted bail, the court granted bail with conditions including bond with sureties and exclusion from Thrissur District.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
BAIL APPL. NO. 454 OF 2024
CRIME NO.817/2021 OF Mannuthy Police Station, Thrissur SC 125/2022 OF ADDITIONAL DISTRICT COURT, THRISSUR PETITIONERS/ACCUSED NOS.1 TO 3:
1 SHAJAHAN, AGED 47 YEARS S/O ISMAIL, VETTUKKAPARAMBIL HOUSE, KALATHODE, KUTTICHIRA ROAD, NEAR AL AMEEN MADRASSA, OLLUKARA VILLAGE, THRISSUR DISTRICT -, PIN - 680655
2 SHABEER, AGED 25 YEARS S/O SHAJI, VALIAKATH HOUSE, CHATHANKULAM, MUDIKODE, PANANCHERY VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT-, PIN - 680652
3 AMAL SWALIH AGED 27 YEARS S/O ABBAS, PARIKKUNNU HOUSE, VALLACHIRA NAGAR TGHIRUVANIKKAVU DESOM, OLLUKARA VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT -, PIN - 680655
BY ADVS.S.RAJEEV V.VINAY M.S.ANEER PRERITH PHILIP JOSEPH ANILKUMAR C.R. K.S.KIRAN KRISHNAN
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RESPONDENT/STATE:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
BY ADVS. SRI. C.K. SURESH, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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O R D E R
Dated this the 16th day of February, 2024
This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
The accused Nos. 4 to 6 hatched criminal conspiracy with the accused Nos.1 to 3/applicants to commit the murder of the deceased Shameer on 16.10.2021. In pursuance of the said conspiracy, on 22.10.2021 at 03.30 p.m., the applicants travelled in the autorickshaw of the accused No.1 from Kalathode to Paravattani. When the deceased Shameer drove his mini truck from his home and reached in front of the Indian Bank, Paravattani, the accused Nos.1 to 3 attacked him with deadly
B.A.No.454/2024
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weapons and inflicted fatal injuries. Later on, he succumbed to the injuries.
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the last more than two years. Although there are cases against
A1 and A3, they are bailable in nature. The remaining accused were already granted bail by this Court. Hence, I am of the view that further detention of the applicants is not required.
In the result, the application is allowed on the following conditions:-
(i) The applicants shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two
solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
(ii) The applicants shall not enter into the Thrissur District till the culmination of trial.
(iii) The applicants shall not commit any offence of like nature while on bail.
(iv) The applicants shall not make any attempt to contact any of the prosecution witnesses, directly or through any other
person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
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(v) The applicants shall not leave the State of Kerala
without the permission of the trial Court.
(vi) The application, if any, for deletion, modification of bail
conditions or for cancellation of bail on the ground of violation of
the bail conditions shall be filed at the jurisdictional court.
sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
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APPENDIX OF BAIL APPL. 454/2024
PETITIONER ANNEXURES
Annexure I THE TRUE COPY OF THE FIR ALONG WITH FIS IN CRIME NO 817/2021 OF MANNUTHY POLICE STATION Annexure II THE TRUE COPY OF THE ORDER DATED 03.07.2021 IN BA NO 2188/2023 OF THIS HON'BLE COURT Annexure III THE TRUE COPY OF THE ORDER DATED 1.3.2023 IN BA NO 174/2022 Annexure IV THE CERTIFIED COPY OF THE COMMON ORDER DATED 07.10.2021 IN CRL MP NO 4601/2023 & 4602/2023 IN SC NO 125/2023 OF THE IST ADDL SESSIONS COURT, THRISSUR
1 issue framed by the court
Should accused Nos.1 to 3 in a pre-planned murder case be released on regular bail after over two years in custody pending trial?
2 provisions across 2 enactments
Shajahan
Shabeer
Amal Swalih
State of Kerala
Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
