Ajmal @ Puttu vs the State of Kerala

Ajmal @ Puttu vs The State of Kerala

Type Court Judgment Court Kerala Decided Nov 30, 2021

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https://sooperkanoon.com/case/1690547

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Citation: sooperkanoon.com/1690547
Court: Kerala High Court
Judge: Honourable Mrs. Justice Shircy V.
Decided On: Nov 30, 2021
Case Number: Bail Appl./8162/2021

Parties & Advocates

Appellant / Petitioner

Ajmal @ Puttu

Respondent

The State of Kerala

Excerpt

.....323, 324, 294(b) and 506 of the ipc. it is reported that on 13/4/2020 he entered into the limits of kayamkulam police station violating the order of this court and bail appl. no. 8162 of 2021 4 met with an accident while riding his motor cycle bearing no. kl- 29 q 7506 in a rash and negligent manner.6. since this petitioner has violated the bail conditions,the sho, kayamkulam on 30/6/2020 filed crl.mp. no.386/2020 in sc no.178/2020 for cancelling the bail. the learned additional sessions judge after considering the entire facts, cancelled the bail and issued non bailable warrant on 13/10/2021. while the said order was pending, he again committed an offence onby one ramachandran, aged 70 years and took the key of a car forcibly and removed the car which was entrusted to the workshop for repair works after assaulting him and crime was registered on his complaint as crime no.1628/2020 under sections 452, 341, 323, 324, 394, 506 read with 34 of ipc. this petitioner is arraigned as the 2nd accused in that case. all the accused persons including him have been arrested and now they are undergoing incarceration. at this stage, the learned counsel has filed this application for his release for bail. on a mere perusal of the report produced before me, it is so explicit that this petitioner who was granted bail by this court asbail appl. no. 8162 of 2021 5early as on 21/11/2019 had wilfully violated the conditions imposed on him. since, the petitioner has violated the bail conditions and again indulged in criminal activities that too involving very serious offences, he is not entitled to be released on bail, at any rate. hence, i am compelled to dismiss this petition. dismissed. sd/- shircy v. judgeska

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943 BAIL APPL. NO. 8162 OF 2021 AGAINST THE ORDER/JUDGMENT IN SC 178/2020 OF ADDITIONAL SESSIONS COURT-I,MAVELIKKARA CRIME NO.2263/2019 OF KAYAMKULAM POLICE STATION
PETITIONER: AJMAL @ PUTTU AGED 22 YEARS S/O NISSAMUDHEEN, PUTHENKANDATHIL PARADISE, NEAR FISH MARKET, KAYAMKULAM ALAPPUZHA DISTRICT. BY ADV K.RAKESH RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031. 2 THE STATION HOUSE OFFICER KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT, PIN-690572. OTHER PRESENT: SMT.SREEJA.V- SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 8162 OF 2021 2

ORDER

The petitioner is the 3rd accused in crime No.2263/2019 of Kayamkulam Police Station registered for the offences punishable under Sections 302, 324, 326, 212 read with Section 34 of the Indian Penal Code. Now the case is pending before the Additional Sessions Court-1, Mavelikkara as SC.No.178/2020.

2. This court by an order dated 21/11/2019 has granted

bail to this petitioner imposing certain stringent conditions. It reads as follows:- “(a) The applicant shall continue to appear before the Investigating Officer on alternate Mondays between 10 am and 11.a.m., until the said condition is modified by the trial court at an appropriate stage.

(b) He shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) He shall not enter the limits of Kayamkulam Police Station for a period of six months except for complying with condition No.(a) of this order.

(e) He shall surrender his passport before the court below or if he does not have one, he shall file an affidavit to that effect within five days of his release. Application for BAIL APPL. NO. 8162 OF 2021 3 release of the passport, if any, shall be considered by the Trial court at the appropriate stage.”

3. A specific condition was imposed by this court to the

effect that he shall not commit any offence while he is on bail. Another important condition imposed is that he shall not enter into the limits of Kayamkulam police station for a period of six months except for complying with condition No.(a) of the order. This order was dated 21/11/2019.

4. After the said order, as per the report of the Inspector,

SHO, Kayamkulam, this petitioner is indulged in criminal activities and a case has been registered as Crime No.420/2020 alleging offences punishable under Sections 143, 147, 148, 149, 294(b) and 506 of the Indian Penal Code and under Section 27 of the Arms Act, before the Kayamkulam police station.

5. Another crime has been registered against him as

Crime No.170/2020 of Kanakakunnu police station for having committed offences punishable under Sections 143, 144, 147, 148, 149, 351, 323, 324, 294(b) and 506 of the IPC. It is reported that on 13/4/2020 he entered into the limits of Kayamkulam Police Station violating the order of this court and BAIL APPL. NO. 8162 OF 2021 4 met with an accident while riding his motor cycle bearing No. KL- 29 Q 7506 in a rash and negligent manner.

6. Since this petitioner has violated the bail conditions,

the SHO, Kayamkulam on 30/6/2020 filed Crl.MP. No.386/2020 in SC No.178/2020 for cancelling the bail. The learned Additional Sessions Judge after considering the entire facts, cancelled the bail and issued non bailable warrant on 13/10/2021. While the said order was pending, he again committed an offence on

by one Ramachandran, aged 70 years and took the key of a car forcibly and removed the car which was entrusted to the workshop for repair works after assaulting him and crime was registered on his complaint as Crime No.1628/2020 under Sections 452, 341, 323, 324, 394, 506 read with 34 of IPC. This petitioner is arraigned as the 2nd accused in that case. All the accused persons including him have been arrested and now they are undergoing incarceration. At this stage, the learned counsel has filed this application for his release for bail. On a mere perusal of the report produced before me, it is so explicit that this petitioner who was granted bail by this court as

BAIL APPL. NO. 8162 OF 2021 5

early as on 21/11/2019 had wilfully violated the conditions imposed on him. Since, the petitioner has violated the bail conditions and again indulged in criminal activities that too involving very serious offences, he is not entitled to be released on bail, at any rate. Hence, I am compelled to dismiss this petition. Dismissed. Sd/- SHIRCY V. JUDGE

ska

Same Court & Year Kerala · 2021 Same Parties Ajmal @ Puttu vs The State of Kerala Same Judge Honourable Mrs. Justice Shircy V.