IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
BAIL APPL. NO. 4501 OF 2022
CRIME NO.491/2022 OF KASARAGOD POLICE STATION, KASARGOD
PETITIONER/ACCUSED NOS.1,2&4:
1 SHABEER K.M
AGED 40 YEARS, S/O. IBRAHIM K.A, SAJAINA
MANZIL, MAHBOOB ROAD, ANANGOOR, KASABA VILLAGE,
KASARGOD, PIN - 671121
2 MUHAMMAD SHUHAIB S.A
AGED 19 YEARS, S/O. MUHAMMAD SHAFEEQ K.A,
SHAHID MANZIL, BADIRA, ANANGOOR, KASABA
VILLAGE, KASARGOD, PIN - 671121
3 MUHAMMAD SHAFEEQ K.A
AGED 43 YEARS, S/O KATHIM IBRAHIM.K.A, SHAHID
MANZIL, BADIRA, ANANGOOR, KASABA VILLAGE,
KASARGOD , PIN - 671121
BY ADVS.
SUNNY MATHEW
NIKITTA TRESSY GEORGE
RESPONDENTS/COMPLAINANTS&STATE:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, COCHIN, PIN -
682031
2 THE STATION HOUSE OFFICER
KASARGOD POLICE STATION, KASARGOD DISTRICT,
PIN - 671121
BY ADV
SRI.M.C.ASHI - PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA. No.4501/2022
..2..
ORDER
Dated this the 24th day of June, 2022 This is an application for Regular Bail.
2. The petitioners are the accused Nos.1, 2 and 4 in Crime No.491/2022 of Kasargod Police Station alleging commission of offences punishable under Sections 341, 323, 324, 308 and 506 r/w Section 34 of the IPC.
3. The prosecution case is that, on 05.06.2022 at about 5.10PM, the accused in the above case, in furtherance of their common intention, wrongfully restrained the de facto complainant at Anangoor petrol pump and caused hurt to him by beating him with an iron pipe. The further allegation is that the blow aimed at the head of the de facto complainant with an iron pipe, if not evaded would have caused his death, hence the above case. The petitioners were arrested on 06.06.2022 and ever since then they are in custody.
4. The learned counsel for the petitioners submitted that, they were arrested on 06.06.2022 and are in custody since then. The case of the petitioners is that, they are falsely BA. No.4501/2022 ..3..
implicated in the above said crime and in fact, earlier the younger son of the 3rd petitioner was abducted by the de facto complainant and others and was beaten up. Anx.A1 is the wound certificate of the minor son of the 3 rd petitioner. Anx.A2- complaint was preferred by the wife of the 3 rd petitioner and due to the influence of the de facto complainant, no crime was registered.
5. The learned Public Prosecutor, upon instruction, submitted that, the 1st accused is involved in several other cases including a 302 case, but submitted that injury suffered by the de facto complainant is not very serious.
6. The learned counsel for the petitioners thereupon submitted that, 1st petitioner is acquitted in the said alleged 302 case as per the judgment dated 24.06.2022 in S.C. No.380/2017 of Addl. Sessions Court-II, Kasaragod.
7. Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioners are in custody from 06.06.2022, I am inclined to grant bail to the petitioners and it is ordered that the petitioners shall be released on bail on the following stringent conditions: BA. No.4501/2022 ..4..
(i) The petitioners shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only)each 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.491/2022 of Kasargod Police Station, on every Saturday at 11 am until filing of final report and shall co-operate with the investigation;
(iii) The petitioners shall not attempt to interfere with the investigation or to influence or any witness in Crime No.491/2022 of Kasargod 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.491/2022 of Kasargod Police Station may file an application before the jurisdictional court, for cancellation of bail.
Sd/-
VIJU ABRAHAM, JUDGE ded/24.06.2022