Kerala High Court
Nizar vs State Of Kerala on 17 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 17TH DAY OF AUGUST 2021 / 26TH SRAVANA, 1943
BAIL APPL. NO. 6147 OF 2021
CRIME NO.1534/2021 OF Chavara Police Station, Kollam
AGAINST THE ORDER/JUDGMENT IN CRMC 418/2020 OF DISTRICT COURT &
SESSIONS COURT,KOLLAM, KOLLAM
PETITIONERS/ACCUSED 3 AND 4:
1 NIZAR
AGED 50 YEARS
(A3), S/O. JAMALUDEEN,
KURUDANTAYYATHU VEEDU,
KADATHOOR, THAZHAVA VILLAGE,
KARUNAGAPPALLY TALUK,
KOLLAM DISTRICT.
2 NOWFAL NIZAR,
AGED 27 YEARS
(4), S/O.NIZAR,
KURUDANTAYYATHU VEEDU,
KADATHOOR, THAZHAVA VILLAGE,
KARUNAGAPPALLY TALUK,
KOLLAM DISTRICT.
BY ADVS.
SRI. BINU GEORGE
SMT. HEMALATHA
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682 031.
SRI. SUDHEER, GP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl.No.6147 OF 2021
2
ORDER
This is an application for regular bail filed under
Section 439 of Cr.P.C.
2. The petitioners are the 3rd and 4th accused in
Crime No.1534 of 2020 of Chavara Police Station, Kollam
District. The offences alleged against the petitioners are
under Sections 365, 367, 342, 201 and 307 read with
Section 34 of the IPC.
3. The basic allegation against the accused in crime
is that, on 08.05.2020, the petitioners along with the other
accused persons in furtherance of their common intention
to attack the brother of the injured, hit the scooter of the
injured with a car and thereafter abducted him and brutally
assaulted. The crime was registered on the basis of the
first information furnished by the brother of the victim who
according to the petitioners, is a police officer.
4. Heard the learned counsel for the petitioners and
the learned Public Prosecutor.
Bail Appl.No.6147 OF 2021
5. The learned counsel for the petitioners submits
that, the petitioners are innocent of all the allegations and
they were implicated in the case on account of the
influence exerted by the de facto complainant who is a
police officer. According to them, the prosecution case was
that, the assault of the victim was committed by the
accused persons for preventing the injured from pursuing
his relation ship with the niece of the 1 st petitioner herein.
Now, the learned counsel for the petitioners points out
that, all the disputes are settled and the marriage between
the victim and the niece of the 1 st petitioner is already
fixed and in pursuance to the same a notice of intended
marriage as evidenced by Annexure A3 is already moved.
The learned counsel for the petitioners further points out
that the de facto complainant and the victim is in enimical
terms and in order to prevent the marriage which is going
to be solemnised on the basis of the understanding
between the accused persons and the injured, this arrest
was caused to be made at the instance of the de facto
Bail Appl.No.6147 OF 2021
complainant who is a police officer. It is evident from the
records that, in connection with the same, the petitioners
were arrested on 06.08.2021, since then they are in
custody.
6. It is evident from the records that, the
investigation has progressed considerably and further
incarceration of the petitioners do not appear to be
necessary. Apparently, the case is registered on
08.05.2020 and the arrest is made only on 06.08.2021.
The learned Public Prosecutor seriously opposes the said
application highlighting that if the petitioners were
released on bail it may adversely affect the progress of the
investigation. However it is evident from records that,
eventhough the investigation is going on for the past more
than one year, the arrest could be made only in
06.08.2021. In such circumstances, this Court finds some
force in the contentions put forward by the learned counsel
for the petitioners particularly in view of the fact that the
de facto complainant is a police officer. In such
Bail Appl.No.6147 OF 2021
circumstances, the petitioners can be released on bail
subject to the stringent conditions and accordingly the bail
application is allowed:-
(i) The petitioners shall be released on bail on
executing a bond for Rs. 1,00,000/- (Rupees One
lakh only) each with two solvent sureties each for
the like sum to the satisfaction of the jurisdictional
Magistrate/Court.
(ii) The petitioners shall fully co-operate with the
investigation.
(iii) The petitioners shall appear before the
investigating officer between 10.00 a.m and 11.00
a.m on every Wednesday until the filing of final
report.
(iv) The petitioners shall also appear before the
Investigating Officer as and when required by him.
(v) The petitioners shall not commit any offence
of like nature while on bail.
(vi) The petitioners shall not make any attempt
to contact any of the prosecution witnesses,
directly or through any other person, or any other
Bail Appl.No.6147 OF 2021
way try to tamper with the evidence or influence
any witnesses or other persons related to the
investigation.
(vii) The petitioners shall not leave State of
Kerala without the permission of the trial Court.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
SPR
