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2022 Supreme(Online)(KER) 32576
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 23RD DAY OF AUGUST 2022 / 1ST BHADRA, 1944
BAIL APPL. NO. 6510 OF 2022
AGAINST THE ORDER IN CMP 5744/2022 OF JUDICIAL MAGISTRATE
OF FIRST CLASS ,TALIPARAMBA
PETITIONER/S:
MUHAMMED ASHRAF K @ KATTI ASHRAF
AGED 43 YEARS
S/O. P. UMMER, KAYAKOOL HOUSE, MANNA, TALIPARAMBA
P.O., KANNUR DISTRICT, PIN - 670141
BY ADVS.
V.A.SATHEESH
V.T.MADHAVANUNNI
ANAND V.S
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
OTHER PRESENT:
PP - SMT. NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No. 6510 of 2022
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VIJU ABRAHAM, J
…...............................
B.A.No. 6510 of 2022
…............................................................
Dated this the 23rd day of August, 2022
This application is filed under Section 439 of the Code of
Criminal Procedure.
2.
The petitioner herein is arrayed as the 6th accused in
Crime No. 872/2022 of Taliparamba Police Station, Kannur
District, which is registered alleging commission of offences
punishable U/s 342, 343, 346, 347, 364A, 365, 323 and 506(i)
r/w 34 of the Indian Penal Code.
3.
The prosecution allegation is that the son of the
defacto complainant, Suhair and his colleagues namely Lijo,
Ashir and Adhinan, who are working as the staffs of one Abinas,
who had some financial dealing with accused No.1, were
wrongfully confined by the accused in a room at Sneha Inn Bar
from 10PM on 23.07.2022 and on the next day morning by 5
a.m, they were abducted and wrongfully confined at different
places and demanded money and assaulted and intimidated
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them. Hence the accused have committed the above said
offences.
4.
Petitioner submits that he has been falsely implicated
in the above said crime and that accused Nos. 2 to 4 were
granted bail by this Court in Bail Application No. 6496/2022
where as the 5th accused has released on bail as per the order of
this Court in B.A.No. 6193/2022.
5.
Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
6.
Learned Public Prosecutor opposed the application
for bail mainly contending that one Abinas owed an amount of
Rs.50 lakhs to the 1st accused, to recover the same, the four
persons, who are the employees of the said Abinas, were
abducted and they were brutally manhandled.
7.
Considering the fact that the petitioners are in
custody from 28.07.2022, I am inclined to grant bail to the
petitioner and it is ordered that the petitioner shall be released
on bail on the following stringent conditions:
(i) The petitioners shall execute a bond for a sum
of Rs.50,000/- (Rupees fifty thousand only) each
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with two solvent sureties each for the like-sum to
the satisfaction of the jurisdictional court;
(ii) Petitioners shall appear before the
investigating officer in Crime No. 872/2022 of
Taliparamba Police Station, on every Saturday at
11 am until filing of final report;
(iii) The petitioners shall not attempt to interfere
with the investigation or to influence any witness
in Crime No. 872/2022 of Taliparamba Police
Station;
(iv) The petitioners shall not involve in any other
crime while on bail.
If any of the aforesaid conditions are violated, the
investigating officer in Crime No. 872/2022 of Taliparamba
Police Station may file an application before the jurisdictional
court, for cancellation of bail.
Sd/-
VIJU ABRAHAM,
JUDGE
Dxy
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APPENDIX OF BAIL APPL. 6510/2022
PETITIONER ANNEXURES
ANNEXURE A1
TRUE COPY OF THE ORDER OF JFCM COURT,
TALIPARAMBA IN C.M.P. NO. 5744/2022
DATED 01/08/2022
ANNEXURE A2
TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT IN B.A. NO. 6193/2022 DATED
16/08/2022
