Shefeek vs State Of Kerala
2021 Latest Caselaw 16751 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE K.HARIPAL
    WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                     BAIL APPL. NO. 5962 OF 2021
   IN CRIME NO. 433 OF 2021 OF PARIPPALLY POLICE STATION, KOLLAM
                                DISTRICT
AGAINST THE ORDER/JUDGMENT IN CMP 582/2021 OF JUDICIAL FIRST CLASS
                  MAGISTRATE COURT, PARAVUR, KOLLAM
PETITIONER/ACCUSED NO. 1:

           SHEFEEK,
           AGED 32 YEARS
           S/O. SHAJAHAN, S.S. MANZIL, NANCHANVILA COLONY,
           KARIMPALLOOR CHERRY, PARIPPALLY, KOLLAM-690544.

           BY ADV M.R.SASITH



RESPONDENT/:

           STATE OF KERALA,
           REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
           KERALA, ERNAKULAM-682031.



           SR.PP - SMT. NEEMA T.V.




     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.08.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 5962 OF 2021
                                        2




                                  ORDER

The 1st accused in Crime No. 433 of 2021 of Parippally

police station has moved this Court under Section 439 of the

Cr.P.C. seeking his release on bail.

2. The petitioner was arrested for the case on

26.07.2021. The allegation is that on 25.07.2021, the accused

along with five other persons formed an unlawful assembly

and in prosecution of their common object and armed with

deadly weapons attacked and injured the defacto

complainant. Thus the crime was registered alleging offence

punishable under Sections 143, 147, 148, 341, 324, 307 read

with 149 of the IPC.

3. I heard the learned counsel on both sides.

4. The learned Public Prosecutor has submitted that the

sword which was allegedly used by the petitioner has already

been recovered.

5. Petitioner does not have criminal antecedents. It has

also come out that the 2nd accused was arrested on BAIL APPL. NO. 5962 OF 2021

03.08.2021 and other persons are still at large. But the

reason that others have not yet been arrested is not a ground

for continuing the detention of the petitioner. The weapon

allegedly used by him has already been retrieved, so that his

application for bail can be allowed and he shall be released

on bail on the following conditions:-

i) Petitioner shall execute bond for Rs.50,000/-

(Rupees Fifty Thousand only) with two solvent sureties each

for the like sum to the satisfaction of the jurisdictional court;

ii) He shall not try to contact or influence the witnesses or

tamper with the evidence;

iii) He shall not leave the country without permission of

the jurisdictional court;

iv) He shall not involve in any crime during the period on

bail;

v) He shall appear before the Investigating Officer/ trial

Court as and when required;

vi) Petitioner shall strictly abide the various guidelines

issued by the State and Central Governments with respect to BAIL APPL. NO. 5962 OF 2021

keeping of social distancing in the wake of Covid 19 pandemic;

vii) If any of the above conditions are violated by the

petitioner, the jurisdictional court will be a liberty to cancel the

bail, in accordance with law.

Bail Application is allowed as above.

Sd/-

K.HARIPAL JUDGE RMV/11/08/2021