Kerala High Court
Bail Appl./9818/2021 of ANSAR Vs STATE OF KERALA on 31 December 2021
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 BAIL APPL. NO. 9818 OF 2021 CRIME NO.606/2019 OF Chevayur Police Station, Kozhikode PETITIONER/ACCUSED: ANSAR AGED 34 YEARS SON OF MUHAMMED, KIZHAKE
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943BAIL APPL. NO. 9818 OF 2021CRIME NO.606/2019 OF Chevayur Police Station, KozhikodePETITIONER/ACCUSED:
ANSARAGED 34 YEARSSON OF MUHAMMED, KIZHAKE MAYANGOT HOUSE, POOVATTUPARAMBA, KOZHIKODE., PIN - 673008BY ADV E.A.HARIS
RESPONDENT:
STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALAERNAKULAM, PIN - 682031BY ADV PUBLIC PROSECUTOR SRI.PRASANTH M.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON31.12.2021, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING:
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O R D E R
Dated this the 31[st] day of December, 2021
This is an application filed u/s 439 of the Code of CriminalProcedure seeking regular bail.
2. The petitioner is the accused No.3 in Crime No.606/2019 of Chevayur Police Station. The offences alleged areunder Sections 326, 307, 120B r/w 34 of the IPC.
3. The prosecution case in short is that on 12/10/2019, the petitioner along with the remaining accused conspired tocommit murder of one Shaji and to execute the same, hired thetaxi autorickshaw of Shaji and when they reached Thayyil-Thazham, the petitioner along with accused Nos.1 and 2assaulted him with deadly weapons and thereby committed theoffence.
4. Heard both sides and perused the case diary.
5. The learned counsel for the petitioner submitted thatthe petitioner is absolutely innocent and he has been falselyimplicated in the present case. He further submitted that there BA No.9818/2021
are no materials to connect the petitioner with the alleged crimeand hence he is entitled to get bail. The learned Public Prosecutoropposed the bail application. He contended that the allegedincident occurred as a part of the intentional criminal acts of thepetitioner and if the petitioner is released on bail at this stage, itwould affect the course of investigation.
6. Perusal of the case diary would reveal that prima faciethere are materials on record to connect the petitioner with thecrime. However, the petitioner was remanded to judicial custodyon 22/11/2021. In view of the nature of the crime and the stageof investigation, I do not find any reason to hold that thecontinued detention of the petitioner is required for any purpose.The investigation seems to have reached a fair stage. Theaccused Nos.1, 2, 4 and 5 are on bail. For all these reasons, thepetitioner is entitled to be released on bail on conditions.
Perusal of the case diary would reveal that prima facie In the result, the application is allowed on the followingconditions:-
(i) The petitioner shall be released on bail on executing abond for `1,00,000/- (Rupees One lakh only) with two solventsureties for the like sum each to the satisfaction of the BA No.9818/2021
jurisdictional Magistrate/Court.
(ii) The petitioner shall fully co-operate with theinvestigation.
(iii) The petitioner shall appear before the investigatingofficer between 10.00 a.m and 11.00 a.m on every Saturday untilfurther orders. The petitioner shall also appear before theinvestigating officer as and when required by him.
(iv) The petitioner shall not commit any offence of likenature while on bail.
(v) The petitioner shall not make any attempt to contactany of the prosecution witnesses, directly or through any otherperson, or any other way try to tamper with the evidence orinfluence any witnesses or other persons related to theinvestigation.
(vi) The petitioner shall not leave State of Kerala withoutthe permission of the trial Court.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE