Ajmal Vs State of Kerala

Ajmal vs State of Kerala

Type Court Judgment Court Kerala Decided Jun 30, 2023

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https://sooperkanoon.com/case/1368174

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Citation: sooperkanoon.com/1368174
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Jun 30, 2023
Case Number: Bail Appl./4862/2023

Parties & Advocates

Appellant / Petitioner

Ajmal

Respondent

State of Kerala

Excerpt

.....1973, seeking regular bail.2. petitioner is the third accused in crime no.94 of 2023 ofaloor police station, thrissur district, alleging offences punishable under sections 341, 323, 324, 307 and 506 read with section 34 of the indian penal code, 1860.3. according to the prosecution, on 30.01.2023, at around2.30 a.m., accused nos.1 to 3 attacked the defacto complainant, causing serious injuries by means of dangerous weapons and thereby committed the offences alleged.4. i have heard sri.binu paul, learned counsel for the petitioner, as well as smt.v.sreeja, learned public prosecutor.5. accused nos.1 and 2 have already been granted bail by order of this court dated 09.05.2023 in b.a.no.3530 of 2023. petitioner is the third accused and was arrested on 16.05.2023.6. considering the period of detention already undergoneand also the nature of overt act allegedly committed by the b.a.no.4862/2023 3 petitioner, i am of the view that further detention of the petitioner is not essential.7. accordingly, i allow this application with the following conditions:-(a) petitioner shall be released on bail on him executing a bond for rs.50,000/- (rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of(b) petitioner shall appear before the investigating officer as and when required.(c) petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.(d) petitioner shall not commit any similar offences while he is on bail.(e) petitioner shall not leave india without the permission ofin case of violation of any of the above conditions, the jurisdictional court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this court. sd/- bechu kurian thomas judge csl

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 30TH DAY OF JUNE 2023 / 9TH ASHADHA, 1945 BAIL APPL. NO. 4862 OF 2023 CRIME NO.94/2023 OF ALOOR POLICE STATION, Thrissur PETITIONER/ACCUSED NO.3: AJMAL AGED 27 YEARS, S/O. BASHEER, MANAKULANGARAPARAMBIL HOUSE, MAMBRA DESOM, KALLUR THEKKUMURI VILLAGE, THRISSUR, PIN - 680309

BY ADV BINU PAUL RESPONDENT/STATE & COMPLAINANT: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, KOCHI, PIN - 682031 BY ADV.SMT.SREEJA.V., PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.4862/2023 2

BECHU KURIAN THOMAS, J.

B.A.No.4862 of 2023 Dated this the 30th day of June, 2023

ORDER

This application is filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail.

2. Petitioner is the third accused in Crime No.94 of 2023 of

Aloor Police Station, Thrissur District, alleging offences punishable under Sections 341, 323, 324, 307 and 506 read with Section 34 of the Indian Penal Code, 1860.

3. According to the prosecution, on 30.01.2023, at around

2.30 A.M., accused Nos.1 to 3 attacked the defacto complainant, causing serious injuries by means of dangerous weapons and thereby committed the offences alleged.

4. I have heard Sri.Binu Paul, learned counsel for the petitioner, as well as Smt.V.Sreeja, learned Public Prosecutor.

5. Accused Nos.1 and 2 have already been granted bail by order of this Court dated 09.05.2023 in B.A.No.3530 of 2023. Petitioner is the third accused and was arrested on 16.05.2023.

6. Considering the period of detention already undergone

and also the nature of overt act allegedly committed by the B.A.No.4862/2023 3 petitioner, I am of the view that further detention of the petitioner is not essential.

7. Accordingly, I allow this application with the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of

(b) Petitioner shall appear before the Investigating Officer as and when required.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court. Sd/- BECHU KURIAN THOMAS JUDGE csl

Same Court & Year Kerala · 2023 Same Parties Ajmal vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas