Nizar vs The Station House Officer
2021 Latest Caselaw 21988 Ker

Citation : 2021 Latest Caselaw 21988 Ker
Judgement Date : 3 November, 2021

Kerala High Court

Nizar vs The Station House Officer 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. 7838 OF 2021
  CRIME NO.622/2021 OF Hemambika Nagar Police Station, Palakkad
    AGAINST THE ORDER/JUDGMENT IN CRMP 1463/2021 OF JUDICIAL
        MAGISTRATE OF FIRST CLASS -III,PALAKKAD, PALAKKAD


PETITIONERS/ACCUSED NOS.1 AND 2 :-

    1       NIZAR
            AGED 30 YEARS
            S/O.JABBAR, KUNNUMPURAM HOUSE,
            POOCHIRA, PUDUPARIYARAM P.O.,
            PALAKKAD-678002.

    2       MUHAMMED HARIS,
            AGED 28 YEARS
            S/O.KABEER, CANAL PURAMBOKE,
            NEAR FCI, INDUSTRIAL ESTATE,
            PUDUPARIYARAM P.O., PALAKKAD-678002.

            BY ADV V.A.VINOD


RESPONDENT/COMPLAINANT & STATE :-

    1       THE STATION HOUSE OFFICER
            HEMAMBIKA NAGAR POLICE STATION,
            PALAKKAD-678009.

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

            BY SMT.SREEJA V, 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. 7838 OF 2021
                                       2

                                    ORDER

Application for regular bail.

2. The petitioners who are accused/petitioner

Nos.1 and 2 in Crime No.622 of 2021 of Hemambika

Police Station, Palakkad District registered for the

offences punishable under Sections 341,323, 324,

294(b), 427, 506(ii)and 308 r/w Section 34 of the

Indian Penal Code, have moved this application for

their release on bail under Section 439 of the Code of

Criminal Procedure.

3. The prosecution allegation is that on

20.09.2021 at about 22.00 hours, while the defacto

complainant was riding his motor cycle through the

public road at Olavakkode, these petitioners have

intercepted the vehicle and then attacked him with

deadly weapons. The second accused has beaten him

with his helmet and caused injuries. The first

accused has beaten him with an iron rod and inflicted

injuries on him. Thus, they have committed culpable

homicide not amounting to murder and they have also BAIL APPL. NO. 7838 OF 2021

caused damages to the motor cycle of the defacto

complainant. Thereby, they have committed the

aforesaid offences.

4. The petitioners are in custody since

25.09.2021.

5. Heard the learned counsel for the petitioners

as well the learned Public Prosecutor.

6. According to the learned counsel for the

petitioners, they were falsely implicated in the case.

In fact, they have not committed any offence as

alleged by the prosecution. But they are undergoing

incarceration since the date of their arrest.

7. The learned Public Prosecutor has submitted

specific overt act has been alleged against this

petitioner in inflicting injuries on the defacto

complainant. It is also pointed out by the learned

Public Prosecutor that the first accused is involved

in four other crimes, in which two crimes are of

similar nature but the second accused has no criminal

background. So he is a first time offender. Now the

investigation of the case is well in progress. BAIL APPL. NO. 7838 OF 2021

Having regard to the nature of accusation

levelled against these petitioners, the present stage

of investigation, the period of detention undergone by

them in judicial custody, I am inclined 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. The first petitioner shall also deposit a sum of Rs.3,000/- before the court below with a week of his release.

(ii) The second shall appear before the Investigating Officer for interrogation as and when required by him, in writing. The first petitioner shall appear before the investigating officer on every Monday between 10.00 am and 12.00 noon for a period of two months or till filing of the final report, whichever is earlier

(iii)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 or to any police officer or tamper with the evidence.