Naseeb vs State Of Kerala on 1 July, 2021

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Kerala High Court

Naseeb vs State Of Kerala on 1 July, 2021

Bench: K.Haripal

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR. JUSTICE K.HARIPAL
  THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                     BAIL APPL. NO. 4982 OF 2021
      CRIME NO.434/2021 OF         CHERTHALA POLICE STATION
PETITIONER/ACCUSED:

         NASEEB
         AGED 30 YEARS
         S/O. BASHEER, KALATHUNGAL HOUSE,
         PANAVALLY P.O, PANAVALLY VILLAGE,
         CHERTHALA THALUK, ALAPUZHA., PIN - 688526

         BY ADV E.A.HARIS


RESPONDENT:

         STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

         ADV.SMT. SREEJA V., PUBLIC PROSECUTOR



    THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.07.2021,    THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 BAIL APPL. NO.4982 OF 2021
                             -2-



                           ORDER

The 30th accused in Crime No.434/2021 of Cherthala police station is before this Court under Section 439 of the Cr.P.C. for releasing him on bail. He was arrested for the case on 12.05.2021.

2. According to the learned counsel for the petitioner, on completion of final report, charge sheet has already been laid, that all other accused are also on bail and his further detention is not warranted.

3. I heard the Public Prosecutor also.

4. According to the learned Public Prosecutor, out of 37 accused involved in the crime, 27 have been arrested and final report laid and split charge sheet has been laid against those who have been apprehended. The petitioner was part of the unlawful assembly and also criminal conspiracy was hatched before the commission of the crime.

Anyhow, it has come out that he is in custody from 12.05.2021 onwards and his continued detention is not BAIL APPL. NO.4982 OF 2021 -3- necessary. It is noticed that he has involved in three other cases but those are not serious offences.

Therefore, the petitioner shall be released on bail on the following conditions:-

i) Petitioner shall execute bond for Rs.50,000/-

(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

ii) He shall not try to contact or influence the witnesses or tamper with evidence;

iii) He shall not leave the country without leave of the jurisdictional court;

iv) He shall not involve in any crime during the period on bail;

v) He shall appear before the Investigating Officer/committal Court/trial Court as and when required;

vi) He shall strictly abide the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19 pandemic;

BAIL APPL. NO.4982 OF 2021 -4-

vii) If any of the above conditions are violated by the petitioner, the jurisdictional court will be a liberty to cancel the bail in accordance with law.

This bail application is allowed as above.

Sd/-

K.HARIPAL JUDGE nkr/01.07.2021

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