Kerala High Court
Naseem vs State Of Kerala on 3 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
BAIL APPL. NO. 8271 OF 2021
AGAINST THE ORDER/JUDGMENT IN CMP 1399/2021 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -I, ALUVA, ERNAKULAM
CRIME NO.1356 OF 2021 OF ALUVA EAST POLICE STATION
PETITIONERS/ACCUSED NOS.3 & 4 :-
1 NASEEM
AGED 23 YEARS
S/O NISSAM,KIZHAKKEPURA HOUSE,
NEAR KMEA COLLEGE, EDATHALA, ALUVA,
ERNAKULAM-683 101.
2 NOBLE,
AGED 25 YEARS
S/O BOSE, KOLLANPARAMBIL HOUSE,
OONNUKAL KARA, NEAR SNDP OFFICE,
NERYAMANGALAM, KOTHAMANGALAM,
ERNAKULAM-686 693.
BY ADV C.Y.VINOD KUMAR
RESPONDENTS/COMPLAINAT & I.O :-
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031
2 THE INSPECTOR OF POLICE
ALUVA EAST POLICE STATION, SUB JAIL ROAD,
ALUVA, ERNAKULAM-683 101.
BY SRI NOUSHAD K A, SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 8271 OF 2021
2
ORDER
Application for regular bail.
2. The petitioners who are arraigned as
accused Nos.3 & 4 in Crime No.1356 of 2021 of Aluva
East Police Station, Ernakulam District registered
for the offences punishable under Sections 143, 144,
147, 148, 341, 342, 323, 324, 109, 212, 427 and 307
r/w Section 149 of the Indian Penal Code, have moved
this application for their release on bail.
3. The prosecution allegation is that the
petitioners along with the other accused have formed
themselves into an unlawful assembly on 06.07.2021
at about 2.30 pm and in prosecution of the common
object to commit murder of the defacto complainant,
due to their enmity towards him, wrongfully
restrained him and attacked with deadly weapons such
as knife, sword, iron rod etc. They have caused
fatal injuries including fracture and thereby
committed the aforesaid offences.
4. The petitioners have been in custody since
BAIL APPL. NO. 8271 OF 2021
09.07.2021.
5. Heard the learned counsel for the
petitioners as well the learned Public Prosecutor.
6. The learned counsel for the petitioners
raised a plea of false implication. It is also
pointed out that they are languishing in jail since
the date of their arrest.
7. The learned Public Prosecutor on instruction
submits that now the investigation of the case is
over and charge sheet has been submitted before the
jurisdictional court on 03.09.2021.
8. As charge sheet has been submitted before
the jurisdictional court, further detention of these
petitioners is not necessary for the investigating
agency. Moreover, I could not find any material on
record to conclude that custodial trial is required
in this case. The defacto complainant who sustained
injuries in the attack by the petitioners as well the
other accused had already been discharged from the
hospital.
Considering the entire facts involved in the
BAIL APPL. NO. 8271 OF 2021
case as well the fact that the case is pending for
committal proceedings, I think that it is just and
proper to release them on bail subject to the
following conditions :-
(i) The petitioners shall be released on bail
on executing a bond for a sum of Rs.1,00,000/-
(Rupees one lakh only)each with two solvent
sureties for the like sum each to the
satisfaction of the court having jurisdiction.
(ii)The petitioners shall not directly or
indirectly, make any inducement, threat or
promise to any person acquainted with the facts
of the case so as to dissuade him from
disclosing such facts to the court.
(iii)The petitioners shall not commit any
offence while on bail.
In case of violation of any of the above
conditions, the learned Magistrate/Judge is
empowered to cancel the bail in accordance with the
law.
Sd/-
SHIRCY V.
JUDGE
SMA
