Disposed

Mohammed Niyas v. State of Kerala

Kerala HC6 Feb 2024Bail Appl./54/2024

Case brief

AI extract

What is this about?

Pre-arrest bail application by the sole accused in a crime registered under IPC Sections 341, 353, 294(b) and 506. Having surrendered and undergone interrogation pursuant to an interim order, the court made the interim order absolute subject to conditions.

What did the court decide?

Interim pre-arrest bail order dated 17.01.2024 made absolute, subject to conditions including co-operation with investigation and no interference with witnesses or investigation.

Mohammed Niyas 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
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945

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BAIL APPL. NO. 54 OF 2024

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CRIME NO.1474/2023 OF OTTAPALAM POLICE STATION, PALAKKAD

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PETITIONER/ACCUSED:

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MOHAMMED NIYAS
AGED 49 YEARS
SON OF KUNJALAN, KURATTUTHODI HOUSE, CHUNANGAD
P.O., AMBALAPPARA-2 VILLAGE, OTTAPALAM TALUK,
PALAKKAD DISTRICT, PIN - 679511
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ

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RESPONDENTS/COMPLAINANT:

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1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2SUB INSPECTOR OF POLICE
OTTAPALAM POLICE STATION, PALAKKAD DISTRICT,
PIN - 679101
BY ADV
SMT SEETHA S. - SENIOR PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

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06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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BAIL APPL. NO. 54 OF 2024

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C.S.DIAS, J.

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B.A. No. 54 OF 2024

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------------------------------------------------------Dated this the 6^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 (in short, ‘Code’), for an order of pre-arrest bail.

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The petitioner is the sole accused in Crime No.1474/2023 of the Ottapalam Police Station, Palakkad registered against him for allegedly committing the offences punishable under Sections 341, 353, 294(b) and 506 of the Indian Penal Code, 1860.

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When the bail application came up for consideration on 17.01.2024, this Court directed 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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BAIL APPL. NO. 54 OF 2024

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Heard; Sri. P. M. Ziraj the learned counsel appearing for the petitioner and Smt. Seetaha S., the learned Public Prosecutor appearing for the respondent.

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The learned Public Prosecutor, on instructions, submitted that, pursuant to the interim order dated 17.01.2024, the petitioner surrendered before the Investigating Officer on 22.01.2024 and subjected himself for interrogation. The petitioner’s further presence is not required. The said submission is recorded.

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Resultantly, the bail application is disposed of by making the interim order dated 17.01.2024 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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BAIL APPL. NO. 54 OF 2024

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(ii) The petitioner shall not intimidate the 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 mentioned 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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Sd/C.S. DIAS JUDGE

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BAIL APPL. NO. 54 OF 2024

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APPENDIX OF BAIL APPL. 54/2024

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PETITIONER’S ANNEXURES

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Annexure 1TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.1474 OF 2023 OF
OTTAPALAM POLICE STATION, PALAKKAD
Annexure 2TRUE COPY OF THE INTERIM ORDER OF THIS
HONOURABLE COURT DATED 29.11.2023 IN WPC
NO.39894 OF 2023
Annexure 3TRUE COPY OF THE COMMUNICATION ISSUED BY
THE JUDICIAL FIRST CLASS MAGISTRATE
COURT-II, THAMARASSERY TO THE DISTRICT
COLLECTOR, PALAKKAD DATED 23.12.2023
Annexure 4TRUE COPY OF THE APPLICATION DATED
30.12.2023 SUBMITTED BY THE PETITIONER
BEFORE THE DEFACTO COMPLAINANT UNDER
RIGHT TO INFORMATION ACT
Annexure 5TRUE COPY OF THE RECEIPT DATED
30.12.2023 ISSUED BY THE DEFACTO
COMPLAINANT TOWARDS THE APPLICATION OF
PETITIONER

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RESPONDENT’S ANNEXURES: NIL

Mohammed Niyas v. State of Kerala

Case brief

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Mohammed Niyas v. State of Kerala

Case brief

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