Sayyed Hameed Mufirudheen vs State Of Kerala
2021 Latest Caselaw 18801 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE K.HARIPAL
    THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
                       BAIL APPL. NO. 6706 OF 2021
  AGAINST THE ORDER/JUDGMENT IN CRMP 512/2021 OF CHIEF JUDICIAL
                     MAGISTRATE ,KASARAGOD, KASARGOD
PETITIONER/S:

            SAYYED HAMEED MUFIRUDHEEN
            AGED 26 YEARS
            S/O. U. P. SAYYED ALAVI THANGAL, THANGAL (H),
            CHANGRAMPARA, NEKRAJE, NEKRAJE VILLAGE, KASARGOD -
            671542.
            BY ADVS.
            P.C.MUHAMMED NOUSHIQ
            JAHANA SHERIN.K


RESPONDENT/S:

    1       STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM - 682 031.
    2       SUB INSPECTOR OF POLICE,
            KASARAGOD POLICE STATION, KASARAGOD DISTRICT - 671121.


            SR.PP - SRI. T.R.RENJITH


     THIS   BAIL    APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.6706 of 2021
                                       2



                                   ORDER

This is an application for bail moved under Section 439 of the Cr.P.C.

The petitioner is the second accused in Crime No.457/2021 of Kasaragod

Police Station, which was registered on 23.06.2021 alleging offence

punishable under Sections 450, 363 and 394 of the IPC. The crime was

registered on the strength of the First Information Statement given by one

Ahammed Niyas S/o Hamsa. He is a resident of Azad Nagar and is a gulf

returnee. On the date of occurrence, on 22.06.2021, his wife was in hospital,

after giving birth to a child. That day at about 08.45 p.m, he returned to

home after attending the wife in hospital. At about 9.15 p.m, he reached

Pattampara along with his friend Yasar, in his car. At that time, one Thangal

entered the rear seat of the car and pointed a knife at his neck, when he ran

out of the car, one Ishak stopped him, another person aged about 30 years tied

him to the back seat of another car and manhandled him. Then he was taken

to Kunjar, his car was also taken away by the gang. The mobile phone and

purse carried by him were forcibly taken by them. After travelling through

interior places, at about 02.30 a.m they reached his house; the said Thangal

broke opened the back door of the house and all the three persons got inside B.A.No.6706 of 2021

and forcibly took an amount of Rs.15,000/- and gold chain weighing 1

sovereign and 1 gram. After taking him to the Michugiri, while they were

talking out side, suddenly he drove the car and reached Government hospital

at 06.30 a.m and sought treatment. In the incident, he lost Rs.12,000/-, his

ATM card, Pan card and the driving licence. The incident was the offshoot of

some issues with Ishak at Persian Gulf. During the course of investigation,

the petitioner/the second accused was arrested on 06.07.2021.

2. The learned counsel for the petitioner submits that the investigation

is practically over, the petitioner is in judicial custody for the more than 60

days and that further detention of the petitioner is not warranted.

3. Learned Public Prosecutor submitted that this type of criminal acts

are rising in Malabar area, which have to be dealt with an iron hand.

According to him, there are three accused in the crime and first accused is not

yet arrested. At the same time, he pointed out that three mobile phones, a

knife and the car of the defacto complainant have been recovered. Gold

chain weighing 9 grams and an ATM card are not yet recovered. He also

pointed out that the petitioner does not have criminal antecedents.

4. Petitioner is in judicial custody for more than 60 days. It seems to

be the first crime registered against him. For the reason that the first accused B.A.No.6706 of 2021

is not yet arrested, continued detention of the petitioner is not justifiable.

Except the chain weighing nine grams of gold and an ATM card, all other

items have been recovered. Even though the allegations against the petitioner

are very serious, having regard to the fact that he does not have criminal

antecedents, it seems that he can be released on bail on stringent conditions.

He shall be released on the following conditions:-

i) The petitioner shall execute bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

ii) He shall not try to contact or influence the witnesses or tamper with the evidence;

iii) He shall not enter Kasaragod district till the final report is laid.

iv) He shall not leave the country without permission of the jurisdictional Court;

v) He shall not involve in any crime during the period on bail;

vi) He shall appear before the Investigating Officer/committal/trial court as and when required;

vii) The petitioner shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19 pandemic;

B.A.No.6706 of 2021

viii) If any of the above conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.

The bail application is allowed as above.

Sd/-

K.HARIPAL JUDGE Jms/07.09 //True Copy// P.A to Judge