Kerala High Court
Abdul Auwel vs State Of Kerala on 6 February, 2024
Author: C.S.Dias
Bench: C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
BAIL APPL. NO. 11592 OF 2023
CRIME NO.1251/2023 OF ADIMALY POLICE STATION, IDUKKI
AGAINST THE ORDER/JUDGMENT CRMC 988/2023 OF DISTRICT COURT
& SESSIONS COURT,THODUPUZHA
PETITIONERS/ACCUSED NOS.1 TO 5:
1 ABDUL AUWEL
AGED 28 YEARS
S/O ABDUL SALIM, PALAMOOTTIL HOUSE, IRUMBUPALAM
KARA, VALARA, MANNAMKANDAM VILLAGE, IDUKKI,
PIN - 685561
2 MAITHEEN
AGED 60 YEARS
S/O MUHAMMED, CHAMAKKALAYIL HOUSE, 10TH MILE,
VALARA KARA, MANNAMKANDAM VILLAGE, IDUKKI,
PIN - 685561
3 UMMAR
AGED 56 YEARS
S/O MEERAN, PALAMOOTTIL HOUSE, 10TH MILE,
VALARA, MANNAMKANDAM VILLAGE, IDUKKI,
PIN - 685561
4 ADDUL JABBAR
AGED 57 YEARS
S/O MEERAN, PALAMOOTTIL HOUSE, 10TH MILE,
VALARA, MANNAMKANDAM VILLAGE, IDUKKI,
PIN - 685561
5 LAILA
AGED 68 YEARS
W/O ABDUL SALIM, PALAMOOTIL HOUSE (III/144 OF
ADIMALY GRAMA PANCHAYAT), IRUMBUPALAM KARA,
VALARA P.O., MANNAMKANDAM VILLAGE, IDUKKI,
PIN - 685561
BY ADVS.
C.S.MANILAL
S.NIDHEESH
2
BAIL APPL. NO. 11592 OF 2023
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
BY ADV
SMT SEETHA S. - SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
3
BAIL APPL. NO. 11592 OF 2023
C.S.DIAS, J.
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B.A. No. 11592 OF 2023
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Dated this the 6th day of February, 2024
ORDER
The application is filed under Section 438 of the
Code of Criminal Procedure, 1973 (in short, 'Code'), for
an order of pre-arrest bail.
2. The petitioners are the accused Nos.1 to 5 in
Crime No.1251/2023 of the Adimaly Police Station,
Idukki registered against them for allegedly committing
the offences punishable under Sections 294(b), 323 and
324 read with Section 34 of the Indian Penal Code,
1860.
3. When the bail application came up for
consideration on 16.01.2024, this Court directed the
petitioners to surrender before the Investigating Officer
and subject themselves for interrogation.
BAIL APPL. NO. 11592 OF 2023
4. Heard; Sri. C. S. Manilal the learned counsel
appearing for the petitioners and Smt. Seetha S., the
learned Public Prosecutor appearing for the respondent.
5. The learned Public Prosecutor, on instructions,
submitted that, pursuant to the interim order dated
16.01.2024, the petitioners surrendered before the
Investigating Officer on 24.01.2024. The petitioners'
interrogation has been completed. The petitioners'
further presence is not required. The said submission is
recorded.
Resultantly, the bail application is disposed of by
making the interim order dated 24.01.2024 absolute,
subject to the following conditions:
(i) The petitioners shall co-operate with the
investigation and make themselves available for
interrogation and for the purpose of investigation as and
when the Investigating Officer directs;
BAIL APPL. NO. 11592 OF 2023
(ii) The petitioners shall not intimidate witnesses or
interfere with the investigation in any manner;
(iii)The petitioners shall not get involved in any
other offence while on bail;
(iv) The petitioners shall not leave India without the
permission of the jurisdictional Court;
(v) In case of violation of any of the conditions
above, the jurisdictional Court shall be empowered to
consider the application for cancellation of bail, if any
filed, and pass orders on the same, in accordance with
law;
(vi) Applications for deletion/modification of the bail
conditions shall also be filed before the court below.
Sd/-
C.S. DIAS
JUDGE
BR
BAIL APPL. NO. 11592 OF 2023
APPENDIX OF BAIL APPL. 11592/2023
PETITIONER'S ANNEXURES
Annexure - 1 TRUE COPY OF THE ORDER DTD. 22/12/2023
IN CRL.M.C. NO.988/2023 ON THE FILE OF
SESSIONS COURT, THODUPUZHA.
RESPONDENT'S ANNEXURES: NIL
