Kerala High Court
Jamal vs State Of Kerala on 20 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
CRL.MC NO. 2081 OF 2021
AGAINST THE ORDER IN CRL.M.P NO.580/2020 IN CRMC 246/2020 ON THE FILES OF
SESSIONS COURT, ERNAKULAM DATED 20.01.2021.
PETITIONERS/PETITIONERS:
1 JAMAL
AGED 48 YEARS
KARUKUNATH HOUSE, KANINAD KARA,
PUTHENCRUZ, ERNAKULAM.
2 BAVA
AGED 63 YEARS
S/O.ABOOBAKER,
PERUMAMATTOM VEEDU,
PERINGALA, KUNNATHUNADU VILLAGE,
ERNAKULAM DISTRICT.
3 K.K.ALI
AGED 62 YEARS
S/O.KARUKUNNATHU KOCHUMUHAMMED,
KUNNATHUNADU, PERINGALA KARA,
ERNAKULAM, PIN - 683 565.
BY ADVS.
A.A.GEETHA
SRI.K.P.S.JALALUDDEEN MOHMMED
RESPONDENTS/STATE & RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682031.
2 ALIYAR K.S.
AGED 60 YEARS
S/O.SULAIMAN, KALLUNGAL HOUSE, AMBALAPADY,
KUMARAPURAM P.O., PALLIKKARA, ERNAKULAM DISTRICT - 683 565.
3 SULAIMAN T.M.
AGED 52 YEARS
S/O.MARAKKER, THAZHATHAN HOUSE, AMBALAPADY,
KUMARAPURAM P.O., PALLIKARA, ERNAKULAM DISTRICT - 683 565.
4 SUBAIR K.P.
S/O.PACKO, KOYAMPARAMBIL HOUSE, PERINGALA P.O.,
ERNAKULAM DISTRICT - 683 565.
5 SHAJI A.A.
AGED 39 YEARS
S/O.ABOBACKER, ARUPILLY HOUSE, AMBALAMPADY,
PERINGAL P.O., ERNAKULAM DISTRICT - 683 565.
6 MUSTHAFA
AGED 50 YEARS
S/O.MEETHIAN, ERUPTHAKKOTIL HOUSE,
Crl.M.C.No.2081 of 2021
2
PERINGAL P.O., ERNAKULAM DISTRICT - 683 565.
7 NINAR N.M.
AGED 50 YEARS
S/O.MUHAMMED, NETTUKUDI HOUSE, PALLIKARA,
KUMARAPURAM P.O., ERNAKULAM DISTRICT - 683 565.
8 RAFEEQ
AGED 36 YEARS
S/O.KOCHUNNI, KOYAMPARAMBIL HOUSE,
PERINGALA P.O., ERNAKULAM DISTRICT - 683 565.
9 BEERAN N.M.
AGED 50 YEARS
S/O.PAREEKUNJU, NETTUKUDI HOUSE, PALLIKKARA,
ERNAKULAM DISTRICT - 683 565.
10 RASHEED K.V.
AGED 50 YEARS
S/O.BEERAVUNNI, KOYAMPARAMBIL HOUSE,
PERINGALA P.O., ERNAKULAM DISTRICT - 683 565.
11 ARIF
AGED 22 YEARS
S/O.NAINAR, NETTUDUKUKUDI HOUSE,
PALLIKARA, ERNAKULAM DISTRICT - 683 565.
12 MUHAMMED K.V.
AGED 60 YEARS
S/O.BEERAVUNNI, KOYAMPARAMBIL HOUSE,
PERINGALA P.O., ERNAKULAM DISTRICT - 683 565.
13 SALIM M.B.
AGED 38 YEARS
S/O.BAVAKUNJU, MEKKOTH HOUSE, PALLIKARA,
KUMARAPURAM P.O., ERNAKULAM DISTRICT - 683 565.
14 YOUSEFF N.M.
AGED 45 YEARS
S/O.MUHAMMEDE, NETTUKUDI HOUSE, PALLIKARA,
KUMARAPURAM P.O., ERNAKULAM DISTRICT - 683 565.
15 ABDUL KHADER
AGED 50 YEARS
S/O.MUHAMMED, MEKKOTH HOUSE, PALLIKARA,
KUMARAPURAM P.O., ERNAKULAM DISTRICT - 683 565.
16 SHAMSUDEEN E.M.
AGED 55 YEARS
S/O.MUSTHAFA, IRUPPAKOOTTIL HOUSE, PALLIKARA,
KUMARAPURAM P.O., ERNAKULAM DISTRICT - 683 565.
17 SHAMSU K.M.
AGED 50 YEARS
S/O.MUSTHAFA, KOYAMPARAMBIL HOUSE,
PERINGALA P.O., ERNAKULAM DISTRICT - 683 565.
18 ABDUL RAZZAK E.A.
AGED 36 YEARS
S/O.ALIYAR, IRUPPAKKOTTIL HOUSE,
PALLIKARA, KUMARAPURAM P.O., ERNAKULAM DISTRICT - 683 565.
Crl.M.C.No.2081 of 2021
3
BY ADVS.
SAIJO HASSAN
RAFEEK. V.K.
BENOJ C AUGUSTIN
P.PARVATHY
MANAS P HAMEED
SR.PP - SRI. HRITHWIK C.S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.10.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2081 of 2021
4
ORDER
Petitioners are the complainants whose complaint led to the
registration of Crime No. 990/2019 of Kunnathunadu Police Station in
which the party respondents have been granted bail by Annexure IV
order of the Sessions Court, Ernakulam. They were granted
anticipatory bail on usual conditions, but without incorporating a
condition that they shall not involve in any case during the period on
bail. Later, alleging that they have involved in a similar case, that is
Crime No.113/2020, the petitioners moved the Sessions Court for
cancelling the bail under Section 439(2) of the Cr.P.C. By
Annexure-X order, that application was dismissed. Now they have
moved this Court under Section 482 of the Cr.P.C for setting aside the
order.
2. I heard the learned counsel for the petitioners, learned
Senior Public Prosecutor for the State and also the learned counsel for
the party respondent. In support of the contentions, learned counsel
has relied on Annexure XI order of this Court in Ranjith @ Kadavi
Crl.M.C.No.2081 of 2021
Ranjith v State of Kerala [ILR 2021 (1) Kerala 238].
3. It may be true that the respondents have again involved in
similar cases even after granting pre-arrest bail under Annexure IV
order. But as rightly pointed out by the learned Senior Public
Prosecutor and the learned counsel for the party respondents, there is
no condition stipulating that they shall not involve in any such crime
in future, or that involvement of such would entail cancellation of their
bail. The Annexure X order was passed by the Sessions Court in such
a context.
4. The learned counsel for the party respondents also
submitted that parties are fighting on a mosque and there are rival
factions which led to the registration of all these crimes. I do not think
that the dictum in Annexure XI decision of this Court would help the
petitioners. Moreover, bail cannot be cancelled to satisfy the ego of a
party. I do not find merit in the petition and the Crl.M.C is dismissed.
Sd/-
K.HARIPAL
JUDGE
Jms/20.10 //True Copy// P.A to Judge
Crl.M.C.No.2081 of 2021
APPENDIX OF CRL.MC 2081/2021
PETITIONER ANNEXURE
ANNEXURE I A TRUE COPY OF THE DISCHARGE CERTIFICATE
ISSUED TO 1ST PETITIONER JAMAL FROM GOVT.
MEDICAL COLLEGE HOSPITAL, ERNAKULAM DATED
15/12/2019.
ANNEXURE II A TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED TO 2ND PETITIONER BAVA, FROM GOVT.
MEDICAL COLLEGE HOSPITAL, ERNAKULAM DATED
15/12/2019.
ANNEXURE III A TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED TO 3RD PETITIONER ALI, FROM GOVT.
MEDICAL COLLEGE HOSPITAL, ERNAKULAM DATED
15/12/2019.
ANNEXURE IV A TRUE COPY OF THE ORDER IN
CRL.M.C.NO.246/2020 OF THE SESSION'S COURT,
ERNAKULAM DATED 10/02/2020.
ANNEXURE V A TRUE COPY OF THE JUDGMENT IN WP(C)
NO.28268/2019 OF HON'BLE HIGH COURT OF
KERALA, DATED 19/11/2019
ANNEXURE VI A TRUE COPY OF THE FIR IN CRIME NO.113 OF
KUNNATHUNADU POLICE STATION DATED
15/02/2020.
ANNEXURE VII A TRUE COPY OF FIR IN CRIME NO.890/2019 OF
KUNNATHUNADU POLICE REGISTERED UNDER
SECTION 143, 144, 147, 341, 294(B), 506,
149 OF IPC DATED 25/10/2019.
ANNEXURE VIII A TRUE COPY OF THE FIR IN CRIME NO.16/2020
OF AMBALAMEDU POLICE STATION REGISTERED
UNDER SECTION 143, 147, 149, 341, 323 AND
294(B) OF IPC DATED 14/1/2020.
ANNEXURE IX A TRUE COPY OF CRL.M.P.NO.580/2020 IN
CRL.M.C.NO.246/2020 ON THE FILE OF DISTRICT
AND SESSIONS COURT, ERNAKULAM DATED
25/2/2020.
ANNEXURE X A TRUE COPY OF THE ORDER IN
CRL.M.P.NO.580/2020 IN CRL.M.C.NO.246/2020
ON THE FILE OF DISTRICT AND SESSIONS COURT,
ERNAKULAM DATED 20/1/2021.
ANNEXURE XI A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT REPORTED IN 2021(1) ILR KERALA 238.
