Allowed

Basheer K.M, v. State of Kerala

Kerala HC8 Feb 2024Bail Appl./467/2024

Case brief

AI extract

What is this about?

High Court at Ernakulam allowed the pre-arrest bail application by making an interim order dated 19.01.2024 absolute. The court imposed five conditions upon the accused involving cooperation, non-interference, no new offenses, no emigration without permission, and rules for bail cancellation.

What did the court decide?

Interim order dated 19.01.2024 made absolute subject to five bail conditions.

Basheer K.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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THURSDAY, THE 8TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945

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BAIL APPL. NO. 467 OF 2024

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CRIME NO.40/2024 OF BEKAL POLICE STATION, KASARGOD

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PETITIONERS:

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1BASHEER K.M,
AGED 51 YEARS
S/O AMU, CRESANT HOUSE,
CHERUMBA, PANAYAL, KASARAGOD,
PIN – 671318

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2ABDUL RAHEEM,
AGED 38 YEARS
S/O AYSHA C, CHERUMBA HOUSE,PANAYAL,
KASARAGOD, PIN – 671318
3YASAR ARAFATH,
AGED 26 YEARS
S/O ABDUL RAHIMAN K.M, BISMILLA
MANZIL,PERIYATTADUKKAM, PANAYAL,
HOSDURG, KASARAGOD, PIN – 671318

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4AHAMMED SAMEER T.M,
AGED 31 YEARS
S/O FOUSIYA C.H, CHERUMBA HOUSE,
PANAYAL, KASARAGOD, PIN – 671318

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5MUHAMMED ARIF K.K,
AGED 37 YEARS
S/O ABDUL KAREEM, CHERUMBA HOUSE,
PERIYATTADUKKAM, PANAYAL, KASARAGOD,
PIN – 671318

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BY ADVS.RAHUL SASI
NEETHU PREM
P.ARDRA MENON
ALFIN NADARSHAW

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RESPONDENTS:

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

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B.A.No.467/2024

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-:2:-

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2THE STATION HOUSE OFFICER,
BAKEL POLICE STATION,KASARAGOD,
PIN - 671318

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OTHER PRESENT:

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SR PP SMT NEEMA T V

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A.No.467/2024

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-:3:-

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Dated this the 8^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 Criminal Procedure, 1973, for an order of pre-arrest bail.

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The petitioners are the accused Nos. 5 to 9 in

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Crime No.40/2024 of the Bekal Police Station, Kasaragod, registered against the accused (nine in number) for allegedly committing the offences punishable under Sections 143, 147, 148, 324,427, 308 and 149 of the Indian Penal Code,1860.

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When the bail application came up for consideration on 19.01.2024, this Court passed an interim order, by directing the petitioners to surrender before the Investigating Officer within one week from

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the date of order and subject themselves to interrogation.

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Heard; Sri. Rahul Sasi, the learned counsel

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B.A.No.467/2024

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-:4:-

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appearing for the petitioners and Smt. Neema T.V., the learned Public Prosecutor appearing for the respondents.

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The learned Public Prosecutor, on

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instructions, submitted that, pursuant to the order dated 19.01.2024 passed by this Court, the petitioners appeared before the Investigating Officer on 25.01.2024 & 26.01.2024 and their interrogation has been completed. 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 19.01.2024 absolute, subject to the following conditions:

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(i) The petitioners shall co-operate with the investigation and make themselves available for interrogation and for the purpose of investigation as and when the Investigating

B.A.No.467/2024

-:5:-

Officer directs;

(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.

Sd/-

C.S.DIAS,JUDGE

DST/08.02.2024

//True copy//

P.A. To Judge

Basheer K.M, v. State of Kerala

Case brief

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Basheer K.M, v. State of Kerala

Case brief

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