Kerala High Court
Danish @ Muhammed Dhanish vs State Of Kerala on 29 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
BAIL APPL. NO. 7553 OF 2021
CRIME NO.1033/2021 OF Chavakkad Police Station, Thrissur
PETITIONER/ACCUSED NO.4 :-
AJMAL
AGED 40 YEARS
S/O.ASHARAF, VAZHAPPULLY HOUSE,
MANATHALA BEACH, CHAVAKKAD P.O.,
THRISSUR-680506.
BY ADV M.R.SASITH
RESPONDENT :-
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.
BY SRI.K.A.NOUSHAD, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.10.2021, ALONG WITH Bail Appl..7579/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
BAIL APPL. NOs. 7553 & 7579 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
BAIL APPL. NO. 7579 OF 2021
CRIME NO.1033/2021 OF Chavakkad Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT IN CRMC 1393/2021 OF DISTRICT
COURT & SESSIONS COURT, THRISSUR
PETITIONERS/ACCUSED NO.2 & 3 :-
1 DANISH @ MUHAMMED DHANISH
AGED 19 YEARS
S/O. HAMEED, THATTIL HOUSE,
MANATHALA BEACH, CHAVAKKAD P.O.,
THRISSUR-680 506
2 FAISAL,
AGED 18 YEARS
PANDARI HOUSE, MANATHALA BEACH,
CHAVAKKAD P.O., THRISSUR-680 506
BY ADV M.R.SASITH
RESPONDENT :-
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN-682 031.
BY SRI.NOUSHAD K.A., SR.PUBLIC PRPSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.10.2021, ALONG WITH Bail Appl..7553/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NOs. 7553 & 7579 OF 2021
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ORDER
[Bail Appl. Nos.7553/2021, 7579/2021]
Bail application No.7579 of 2021 is the pre-
arrest bail application filed by accused Nos.2 and 3
in Crime No.1033 of 2021 registered for the offences
punishable under Sections 341, 323, 326 and 506(ii)
r/w Section 34 of the Indian Penal Code.
2. Bail application No.7553 of 2021 is the pre-
arrest bail application filed by accused No.4 of the
very same crime.
3. The facts as revealed from the FIR is that
on 31.08.2021 at about 07.30 pm while the defacto
complainant was walking through a public road, the
petitioners along with the other accused have
wrongfully restrained him near to the 'Siddaque
Palli' and accused Nos.3 and 4 caught hold of his
hands from behind him and accused No.2 fisted on his
face and the accused No.1 hit on his nose with a
granite stone causing grievous injuries including
nasal bone fracture. Thereby, they have committed
the aforesaid offences.
BAIL APPL. NOs. 7553 & 7579 OF 2021
4. Heard the learned counsel for the
petitioners as well the learned Public Prosecutor.
5. According to the learned counsel for the
petitioners, they are youngsters and students having
no criminal antecedents. They are totally innocent
of the allegation levelled against them. But they
apprehend arrest and hence this application.
6. On the other hand the learned Public
Prosecutor has submitted that FIR, other connected
records as well the wound certificate of the defacto
complainant, who is aged only 20 years, for perusal.
7. The injuries noted by the doctor, who
examined him immediately after the incident are as
follows :-
(i) Abrasion on the root of nose (1 x 1.5 cm)
(ii) Bleeding from both nostril.
(iii) Contused abrasion. Left side of face
near the eye (3 x 1 cm).
(iv) gidiness
8. CT scan of the head was also advised. Nasal
bone fracture was detected in CT scan. It is also
revealed from the records that he was admitted in
BAIL APPL. NOs. 7553 & 7579 OF 2021
the hospital for treatment because of the
seriousness of the injuries sustained by him and
discharged from the hospital only subsequently.
9. The wound certificate of the injured would
indicate that he had sustained serious injuries in
the attack by a group of persons known to him. He
was advised to undergone treatment with antibiotics
and he had to remain in the hospital as inpatient
also for few days and continued follow-up treatment.
So the gravity of the offences alleged against these
petitioners are no doubt serious in nature. The
defacto complainant was unarmed at the time of
incident. The accused Nos.1 and 4 grabbed him from
back and so he was unable to move or resist, when he
was hit with a granite stone by the accused No.1 and
punched by accused No.2.
10. It is true that the petitioners are
youngsters having no criminal antecedents. But alone
is not sufficient to conclude that they are entitled
for pre-arrest bail especially when the injured is
also an youngster aged only 20 years.
BAIL APPL. NOs. 7553 & 7579 OF 2021
Having regard to the nature of accusation
levelled against these petitioners as well the fact
that they are not having criminal antecedents, I
think that the bail applications can be disposed of
directing them to surrender before the investigating
officer on 05.11.2021 between 10.00 am and 12.00
noon. Upon their surrender, after interrogation and
recovery of the material object, if any, they shall
be produced before the jurisdictional court. If an
application for bail is moved by them, the same
shall be considered and disposed of by the
jurisdictional court on merits without any delay.
With these directions this bail application
is disposed of.
Sd/-
SHIRCY V.
JUDGE
SMA
