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2024 Supreme(Online)(KER) 5497

HIGH COURT OF KERALA
P. G. Ajithkumar, J
AHAMMEDUL KABEER – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl. 4915/2024



Advocates:
NIREESH MATHEW

The court has the discretion to grant interim bail to an accused, subject to conditions to ensure their availability and prevent them from committing any offenses or intimidating witnesses.

Headnote:

Bail - Criminal Procedure - Sections 437, 439 - The court granted interim bail to the accused for 10 days to solemnize his marriage, subject to conditions to ensure his availability and prevent him from committing any offenses or intimidating witnesses.

Fact of the Case:

The petitioner is the accused No.4 in Sessions Case No.1362 of 2022 pending before the Ist Additional Sessions Court, Thrissur. His earlier bail application was dismissed. The petitioner now seeks interim bail for 3 weeks to solemnize his marriage and due to the delay in his marriage, the marriage of his sister is also getting delayed.

Finding of the Court:

The court granted interim bail to the petitioner for a period of 10 days, subject to conditions to ensure his availability and prevent him from committing any offenses or intimidating witnesses.

Issues: Whether the petitioner should be granted interim bail to solemnize his marriage.

Ratio Decidendi: The court considered the submissions of the parties and was of the view that the petitioner can be granted interim bail by ensuring his availability.

Final Decision: The petition is allowed, and the petitioner is granted interim bail for a period of 10 days subject to the specified conditions.

ORDER

The petitioner is the accused No.4 in Sessions Case No.1362 of 2022 which is pending before the Ist Additional Sessions Court, Thrissur. His application for bail (Bail Application No.10734 of 2023) was dismissed by this Court as per the order dated 21.05.2024. The petitioner now seeks interim bail for a period of three weeks. The purpose for which he seeks interim bail is to solemnise his marriage which was agreed upon earlier. The further reason is that on account of the delay of solemnisation of his marriage, the marriage of his sister is getting delayed.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

3. The learned Public Prosecutor opposes the petition stating that the petitioner has involved in a few other crimes and if released on bail, there is every likelihood of his abscondence.

Having heard the submissions of the counsel appearing Bail Appl.No.4915 of 2024 on either side, I am of the view that the petitioner can be granted interim bail by ensuring his availability.

Accordingly, this petition is allowed. Petitioner is granted interim bail for a period of 10 days subject to the following conditions.

    i) The petitioner shall execute a bond for Rs.5,00,000/- (Rupees Five lakhs only), with two solvent sureties for the like amount each, to the satisfaction of the trial court; the sureties shall produce the title deed/salary certificate in original before the court to substantiate their solvency.

    ii) The petitioner shall surrender his passport before the trial court and if he does not have a passport, he shall file an affidavit to that effect.

    iii) The petitioner shall be under the surveillance of the Station House Officer, Kunnamkulam Police Station and he shall appear before the said officer as and when directs during the period of bail.

    iv) During the bail period, he shall not get involved in any offence; and v) He shall not contact or try to intimidate the victim Bail Appl.No.4915 of 2024 or witnesses examined in the case.

    (vi) The petitioner shall return to the jail before 5 O'clock on the 11th day of his release.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before this court.

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