Muhammed Ansar vs State Of Kerala
2021 Latest Caselaw 12945 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE ASHOK MENON
     TUESDAY, THE 15TH DAY OF JUNE 2021 / 25TH JYAISHTA, 1943
                    BAIL APPL. NO. 4560 OF 2021
   IN CRIME NO . 60/2021 OF MANKADA POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT IN CRMC 408/2021 OF ADDITIONAL DISTRICT
                       COURT, MANJERI, MALAPPURAM
PETITIONERS/ACCUSED:

    1     MUHAMMED ANSAR,
          AGED 30 YEARS,
          S/O.ABOOBACKER,
          RESIDING AT PULLODAN HOUSE,
          VERUMPILAKKAL, MANKADA-679324.
    2     MUHAMMED RIYAS,
          AGED 26 YEARS,
          S/O.ABOOBACKER,
          RESIDING AT PULLODAN HOUSE,
          VERUMPILAKKAL, MANKADA-679324.
          BY ADVS.
          P.C.MUHAMMED NOUSHIQ
          JAHANA SHERIN.K


RESPONDENT/STATE:

          STATE OF KERALA,
          REPRESENTED BY THE STATION HOUSE OFFICER,
          MANKADA POLICE STATION,
          THROUGH THE PUBLIC PROSECUTOR,
          HIGHCOURT OF KERALA, ERNAKULAM.


          BY SMT V SREEJA-PUBLIC PROSECUTOR


THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Bail Appl.No.4560 OF 2021               2




                                 ORDER

Dated this the 15th day of June 2021

APPLICATION FOR ANTICIPATORY BAIL

The applicants are accused in Crime No.60 of 2021 of Mankada

Police Station, Malappuram District for having allegedly committed

offences punishable under Sections 341, 323 and 326 of the Indian

Penal Code.

2. The prosecution case, in brief, is that on 19.4.2021, the

applicant in furtherance of common intention and enmity towards their

brother-in-law, whose relationship with his wife, the sister of the

applicants got strained, the applicants allegedly assaulted the defacto

complainant with the handle of a spade resulting in fracture of his

right leg and voluntarily caused grievous hurt, and thus they

committed the offences.

3. The applicants state that the allegations are not true and that

they are innocent, and that they are falsely implicated due to the

estranged relationship between their sister and the de facto

complainant. It is also stated that the de facto complainant had

attacked his wife, in consequence of which Crime No.61/2021 was

registered at Mankada Police Station. There is also an unexplained

delay of two days in registering the crime. Hence the applicants seek

pre-arrest bail. Their application for pre-arrest bail was earlier

rejected by the Sessions Court, Manjeri. They have approached this

Court for indulgence.

4. Heard the learned counsel for the applicants and the learned

Public Prosecutor.

5. The learned Public Prosecutor admits that the applicants have

no criminal antecedents. The registration of the crime against the

defacto complainant for having assaulted his wife is also admitted. The

weapon, which was used by the applicants is to be recovered.

Therefore the application for anticipatory bail is opposed by the

learned Public Prosecutor.

6. After having heard the submissions from both sides, I find

that the injuries sustained by the de facto complainant are not life-

threatening. The applicants are willing to cooperate with the

investigation and are not likely to flee from justice. Considering the

present pandemic situation, I find that custodial interrogation of the

applicants may not be required.

In the result, the application is allowed and the applicants

are directed to surrender before the Investigating Officer within two

weeks. In the event of their arrest, after interrogation and recovery if

any, they shall be released on bail on the execution of a bond for

Rs.50,000/-(Rupees Fifty thousand only) each, with two solvent

sureties, each for the like amount to the satisfaction of the

Investigating Officer and on following further conditions:

(i) they shall appear before the Investigating Officer as and when

called for.

(ii) they shall not intimidate or influence witnesses and tamper

with evidence.

(iii) they shall not get involved in similar offences during the

currency of the bail period.

In case of breach of any of the bail conditions, the

prosecution shall be at liberty to apply for cancellation of the bail

before the jurisdictional court.

The bail application is allowed.

Sd/-

ASHOK MENON

JUDGE SSK/15/06

APPENDIX PETITIONERS' ANNEXURES:

ANNEXURE A1 CITIZEN COPY OF THE FIRST INFORMATION REPORT DATED 21-04-2021 IN CRIME NO.60 OF 2021 OF MANKADA POLICE STATION, MALAPPURAM DISTRICT.

ANNEXURE A2 TRUE COPY OF THE SAID ORDER DATED 27-05-2021 IN CRL.M.C.NO.408 OF 2021 PASSED BY THE COURT OF SESSION, MANJERI.

RESPONDENT'S EXHIBITS:NIL


SSK                    //TRUE COPY//               PA TO JUDGE