Kerala High Court
Bail Appl./9361/2019 of ISMAIL K.C Vs STATE OF KERALA on 31 December 2019
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941 Bail Appl..No.9361 OF 2019 AGAINST THE ORDER/JUDGMENT IN CRMC 1638/2019 DATED 29-10- 2019 OF DISTRICT COURT & SESSIONS COURT,THALASSERY CRIME NO.337/2019 OF
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA,1941
Bail Appl..No.9361 OF 2019
AGAINST THE ORDER/JUDGMENT IN CRMC 1638/2019 DATED 29-10-2019 OF DISTRICT COURT & SESSIONS COURT,THALASSERY
CRIME NO.337/2019 OF CHAKKARAKKAL POLICE SATION, KANNUR
PETITIONER/ACCUSED NO.1:
ISMAIL K.CAGED 31 YEARSS/O. MUSTHAFA, ZEENATH MANZIL, POST IRIVERI MOWANCHERY, KANNUR DISTRICT 670 613.
BY ADVS.SMT.BINDUMOL JOSEPHSRI.B.S.SYAMANTHAKSHRI.SRIVIDYA K
RESPONDENT/COMPLAINANT:
STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.
SMT.SREEJA.V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSIONON 31.12.2019, THE COURT ON THE SAME DAY PASSED THEFOLLOWING:
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ORDER
Dated this the 31[st] day of December, 2019
The petitioner is the first accused in Crime No. 337/2019 ofChakkarakkal Police Station, for having allegedly committedoffences punishable under Sections 143, 147, 148, 451, 365, 342,323 and 324 read with Section 149 IPC along with another 6accused.
2. All the other accused have been either arrested andproduced before the court and released on bail or have beengranted anticipatory bail by the Sessions Court. The anticipatorybail application filed by the petitioner was however rejected by theSessions Court vide order at Annexure -A1. The reasons for hisbail being rejected was that he is the main accused who wasinstrumental in commission of the offence and other accused hadnegligible roles to play.
3. The petitioner does not have any criminal antecedents.His custodial interrogation does not appear to be essential for thepurpose of investigation. May be true that he had played thepivotal role in the kidnapping and the other allegations madeagainst the accused. Nevertheless his role cannot be given undueimportance in exception to the other accused. The petitioner is willing to cooperate with the investigation. There is noapprehension that he will abscond.
4. Under the circumstances, the petition is allowed. If heis directed to surrender before the investigating officer within aperiod of two weeks and in the event of the petitioner beingarrested he shall be released on bail on execution of bond forRs.50,000/- (Rupees fifty thousand only) with two solvent suretieseach for the like amount to the satisfaction of the InvestigatingOfficer and he shall co-operate with Investigating Officer and shallappear before the Investigating Officer as and when called for. Heshall not intimidate or influence witnesses and shall not getinvolved any similar crimes during the pendency of the bail.
In the event of any breach of any of the bail conditions theprosecution shall be at liberty to apply for cancellation of the bailbefore the Jurisdictional Magistrate.
Sd/-
ASHOK MENON
JUDGE