IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
BAIL APPL. NO. 4139 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRMC 423/2022 OF DISTRICT COURT&
SESSIONS COURT,MANJERI
PETITIONERS:
1 SHANAVAS U.K.
AGED 46 YEARS
S/O.KABEER,
UMMATHUR KONIKKAL HOUSE,
MUKKATTA, NILAMBUR R.S. P.O.,
MALAPPURAM DISTRICT
PIN - 679330
2 ANWAR P
AGED 34 YEARS
S/O.HAMZA,
PARAMMAL HOUSE, BHOODAN COLONY P.O.,
POTHUKALLU, CHUNGATHARA, MALAPPURAM DISTRICT,
PIN - 679334
3 MUNEER P
AGED 33 YEARS
S/O.KOYAMU,
KADAMBOTTIL HOUSE, PUTHIYANGADI,
PATHIRIPPADAM P.O., NALLAMTHANNI,
EDAKKARA, CHUNGATHARA, MALAPPURAM DISTRICT
PIN - 679334
4 MUNEEB P
AGED 24 YEARS
S/O.KOYAMU,
KADAMBOTTIL HOUSE, PUTHIYANGADI,
PATHIRIPPADAM P.O., NALLAMTHANNI,
EDAKKARA, CHUNGATHARA, MALAPPURAM DISTRICT
PIN - 679334
BY ADV K.RAKESH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, KOCHI, PIN - 682031
BAIL APPL. NO. 4139 OF 2022
2
2 THE STATION HOUSE OFFICER
POTHUKALLU POLICE STATION,
MALAPPURAM DISTRICT
PIN - 679334
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SR.PP SMT.M.K PUSHPALATHA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 4139 OF 2022
3
BECHU KURIAN THOMAS, J.
===========================
B.A.No. 4139 of 2022
============================
Dated this the 8th day of June, 2022
ORDER
This is an application seeking pre-arrest bail under Section 438 of Code of Criminal Procedure, 1973.
2. Petitioners seek pre-arrest bail in Crime No.80/2022, on the files of the Pothukal Police Station, Malappuram, alleging offences under Sections 452, 341, 323, 324, 326 and 506 r/w Section 34 of I.P.C., 1860.
3. The prosecution case is that on 10.04.2022, the accused in furtherance of their common intention, trespassed into the residence of the de-facto complainant carrying reaper and rocks and pushed the de-facto complainant and attempted to assault him using the dangerous weapons causing fracture to the middle finger of the de-facto complainant, thereby BAIL APPL. NO. 4139 OF 2022 4 committing the offence alleged.
4. Sri.K.Rakesh, the learned counsel for the petitioners submitted that petitioners are totally innocent of the allegations and that the issue arises out of a property dispute. It was also submitted that the weapons of offence have already been recovered and hence custodial interrogation was not required.
5. The learned Public Prosecutor, on the other hand, vehemently objected to the grant of pre-arrest bail and submitted that custodial interrogation is necessary and the offences alleged are serious.
6. On an appreciation of the rival contentions, I am of the view that the offence alleged against the petitioners are serious in nature requiring custodial interrogation, despite the alleged cause being a property dispute. The injury caused on the finger of the de-facto complainant is also alleged to be serious in nature. In such circumstances, I am not inclined to grant bail as far as accused Nos. 1 to 3 are concerned. BAIL APPL. NO. 4139 OF 2022 5 However, as far as the 4th petitioner, who is the 4th accused in the crime is concerned, I notice prima facie, that no serious overt act is alleged against him. In such circumstances, I dispose of this application in the following manner :
1) Petitioners shall appear before the Investigating Officer on 13.06.2022.
2) After interrogation, if the Investigating Officer proceeds to arrest the petitioners then the 4 th petitioner shall be released on bail on him executing a bond for Rs.50,000/- with two solvent sureties to the like sum to the satisfaction of the Investigating Officer.
3) 4th petitioner shall make himself available before the Investigating Officer as and when required.
4) 4th petitioner shall not commit similar offences while on bail.
5) 4th petitioner shall not leave the State of Kerala without prior permission from the jurisdictional Court.
6) 4th petitioner shall not interact, threaten or intimidate the witnesses or the de-facto complainant.
7. As far as petitioners 1 to 3 are concerned, if after interrogation, the Investigating Officer proceeds to arrest them, BAIL APPL. NO. 4139 OF 2022 6 they shall be produced before the jurisdictional Magistrate, who shall consider bail application, if preferred, in accordance with law.
The bail application is allowed as far as the 4 th petitioner is concerned and dismissed as relating to petitioners 1 to 3.
Sd/-
BECHU KURIAN THOMAS JUDGE ssa/