Abil vs State of Kerala

ABIL vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 23, 2023

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https://sooperkanoon.com/case/1383030

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Citation: sooperkanoon.com/1383030
Court: Kerala High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Aug 23, 2023
Case Number: Bail Appl./7109/2023

Parties & Advocates

Appellant / Petitioner

ABIL

Advocate Smt. Mary Ranzomlouiz

Respondent

State of Kerala

Excerpt

.....station, ernakulam. offence alleged against the petitioner and other accused, is under section 395 of the indian penal code.3. the prosecution case is that, on 03.04.2023 at about 7.00p.m, the petitioner along with four others assaulted the defacto complainant and took away the mobile phone and smart watch. the crime was registered in such circumstances. as part of investigation, the petitioner was arrested on 05.08.2023. since then he has been under judicial detention. this application for regular bail is submitted in such circumstances.4. heard smt. mary ranzomlouiz, learned counsel for the petitioner and smt. seetha. s, learned public prosecutor for the state. b.a no. 7109 of 2023 35. i have carefully gone through the records. it is seen fromthe records that the main allegations are against the accused nos. 1 and 2. the learned public prosecutor pointed out that the petitioner was involved in eight other cases. the details of which are as follows:1) cr. no.986/2022 u/s 341, 294(b), 354, 323, 427, 506, 34 ipc of central ps. 2) cr no.1521/2021 u/s 294(b), 5026, 143, 149 ipc & 4(i) pdpp, (3) health act of thoppumpady ps 3) cr.no.310/2018 u/s 118(a) of kp act of thoppumpady ps 4) cr no. 685/2022 u/s 27(b) of ndps act 5) cr no.150/2013 u/s 279 ipc & 185 of mv act of ernakulam town south ps. 6) cr no. 164/2016 u/s 27(b) of ndps act. 7) cr no.965/2022 u/s 118 (e) of kp act. 8) cr no.681/2022 u/s 279, ipc & 185 mv act. however, it is seen from the records that most of the said cases areunder sections 279 of ipc and 185 of mv act. besides the same, two cases are under the ndps act. now, the petitioner has been in b.a no. 7109 of 2023 4judicial custody since 05.08.2023. this is discernible from the record that there is substantial progress in the investigation and all the necessary recoveries are already effected. in such circumstances, i do not find any necessity of further detention of the petitioner. the learned counsel for the petitioner also.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945 BAIL APPL. NO. 7109 OF 2023 CRIME NO.1032/2023 OF Ernakulam Central Police Station, Ernakulam
PETITIONER/ACCUSED: ABIL AGED 24 YEARS KURIYAPADATH HOUSE, KUNNUKARA VILLAGE, KUNNUKARA, ERNAKULAM, PIN - 680734 BY ADV MARY RANZOM LOUIZ RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY SMT. SEETHA.S SR-PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A No. 7109 of 2023 2

ORDER

Dated this the 23rd day of the August, 2023 This is an application filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

2. The petitioner is the 3rd accused in Crime No.1032/2023 of Central Police Station, Ernakulam. Offence alleged against the petitioner and other accused, is under Section 395 of the Indian Penal Code.

3. The prosecution case is that, on 03.04.2023 at about 7.00

p.m, the petitioner along with four others assaulted the defacto complainant and took away the mobile phone and smart watch. The Crime was registered in such circumstances. As part of investigation, the petitioner was arrested on 05.08.2023. Since then he has been under judicial detention. This application for regular bail is submitted in such circumstances.

4. Heard Smt. Mary Ranzomlouiz, learned counsel for the petitioner and Smt. Seetha. S, learned Public Prosecutor for the State. B.A No. 7109 of 2023 3

5. I have carefully gone through the records. It is seen from

the records that the main allegations are against the accused Nos. 1 and 2. The learned Public Prosecutor pointed out that the petitioner was involved in eight other cases. The details of which are as follows:

1) Cr. No.986/2022 U/s 341, 294(b), 354, 323, 427, 506, 34 IPC of Central Ps. 2) Cr No.1521/2021 U/s 294(b), 5026, 143, 149 IPC & 4(I) PDPP, (3) Health Act of Thoppumpady PS 3) Cr.No.310/2018 U/s 118(a) of KP Act of Thoppumpady PS 4) Cr No. 685/2022 U/s 27(b) of NDPS Act 5) Cr No.150/2013 U/s 279 IPC & 185 of MV Act of Ernakulam Town South PS. 6) Cr No. 164/2016 U/s 27(b) of NDPS Act. 7) Cr No.965/2022 U/s 118 (e) of KP Act. 8) Cr No.681/2022 U/s 279, IPC & 185 MV Act. However, it is seen from the records that most of the said cases are

under Sections 279 of IPC and 185 of MV Act. Besides the same, two cases are under the NDPS Act. Now, the petitioner has been in B.A No. 7109 of 2023 4

judicial custody since 05.08.2023. This is discernible from the record that there is substantial progress in the investigation and all the necessary recoveries are already effected. In such circumstances, I do not find any necessity of further detention of the petitioner. The learned counsel for the petitioner also pointed out that the father of the petitioner passed away on 11.08.2023, while he was in custody. Now, the petitioner wants to attend the religious rituals in connection with his last rites.

7. When all the aforesaid aspects are taken into consideration,

I am of the view that the petitioner can be granted regular bail with stringent conditions. In the result, the application is allowed on the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

(ii) The petitioner shall fully cooperate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Thursday until the filing of final report. B.A No. 7109 of 2023 5

(iv) The petitioner shall also appear before the investigating officer as and when required.

(v) The petitioner shall not commit any offence of similar nature while on bail.

(vi) The petitioner shall not make any attempt to

contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioner shall not leave India without the permission of the trial Court. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law. Sd/- ZIYAD RAHMAN A.A. JUDGE mtk

Same Court & Year Kerala · 2023 Same Parties ABIL vs State of Kerala Same Judge Honourable Mr.Justice Ziyad Rahman a.a.