Kerala High Court
Muhammed Sudheer vs State Of Kerala on 2 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
BAIL APPL. NO. 8608 OF 2022
Crime No 770/2022 of Alappuzha South Police Station, Alappuzha District,
PETITIONER/ACCUSED NO.4:
MUHAMMED SUDHEER, AGED 27 YEARS
S/O. MUHAMMED SIRAJUDHEEN,
DEVASAM CHIRA, ZAKARIA WARD,
ALAPPUZHA, PIN - 688011.
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
PRERITH PHILIP JOSEPH
SARATH K.P.
ANILKUMAR C.R.
RESPONDENT/STATE:
1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031.
2 STATION HOUSE OFFICER, ALAPPUZHA SOUTH POLICE STATION
(CRIME NO 770/2022 OF ALAPPUZHA SOUTH POLICE STATION)
PIN - 688001.
OTHER PRESENT:
PP - NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.12.2022, ALONG WITH Bail Appl..9753/2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 8608 OF 2022
BAIL APPL. NO. 9753 OF 2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
BAIL APPL. NO. 9753 OF 2022
Crime No 770/2022 of Alappuzha South Police Station, Alappuzha District,
PETITIONER/ACCUSED:
AMEER @ AMEER HASHIM
AGED 22 YEARS
S/O HASHIM YAK,
YAK MANZIL, ZACHARIA WARD, ALAPPUZHA,
ALAPPUZHA DISTRICT,, PIN - 688001
BY ADVS.
ARUN CHANDRAN
HARIMOHAN
ANJALY T.A
RESPONDENTS/COMPLAINANT/STATE:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
2 STATION HOUSE OFFICER, ALAPPUZHA SOUTH POLICE
STATION,ALAPPUZHA DISTRICT, PIN - 688001.
OTHER PRESENT:
PP - M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.12.2022, ALONG WITH Bail Appl..8608/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 8608 OF 2022
BAIL APPL. NO. 9753 OF 2022
3
VIJU ABRAHAM, J
BA Nos.8608 & 9753 of 2022
nd
Dated this the 2 day of December, 2022
O R D E R
These are the applications for anticipatory bail.
2. In BA No.8608 of 2022, the petitioner is arrayed as
th
the 4 accused and in BA No.9753 of 2022, the petitioner is
rd
arrayed as the 3 accused in Crime No 770/2022 of Alappuzha
South Police Station, Alappuzha District, alleging commission of
offences punishable under Sections 294(b), 323, 427 r/w 34 of
IPC and Section 3 r/w 4 of Kerala Health Care Service Persons
and Healthcare Service Institutions (Prevention of Violence and
Damage to Property) Act.
3. The prosecution allegation is that on 08.09.2022 at
7.45 pm, while the defacto complainant was working as a
security personnel in the causality of the General Hospital,
Alappuzha, accused Nos.1 to 4 reached in front of the causality
and shouted abusive words and after entering into the causality,
BAIL APPL. NO. 8608 OF 2022
BAIL APPL. NO. 9753 OF 2022
st nd
the 1 and 2 accused beat him and hit the bye stander of the
patient admitted in the causality. It is also alleged that in the
rd
mean time the 3 accused destroyed a plastic chair in the
th
hospital and the 4 accused damaged the water purifier kept
in front of the causality and thereby the accused have
committed the alleged offences and caused a loss of Rs.
18,500/- and thereby the accused have committed the aforesaid
offences.
4. Heard the learned counsel for the petitioners and the
learned Public Prosecutor.
5. The learned counsel for the petitioners submitted that
the petitioners have been falsely implicated in the aforesaid
crime and further submitted that they are ready and willing to
co-operate with the investigation.
6. The learned Public Prosecutor upon instructions
submitted that the petitioners trespassed into the hospital and
shouted abusive words and attacked the bystander of a patient
who was admitted in the causality and destroyed the plastic
BAIL APPL. NO. 8608 OF 2022
BAIL APPL. NO. 9753 OF 2022
chair in the hospital and damaged the water purifier placed on
the wall in front of causality and caused to a loss of
Rs.18,500/-.
7. Considering the facts and circumstances of the case
and the nature of the allegations, I am inclined to grant
anticipatory bail to the petitioners, granted limited custody for
the purpose of the investigation.
In the result, these bail applications are allowed. Petitioners
shall surrender before the investigating officer in Crime No
770/2022 of Alappuzha South Police Station, Alappuzha District,
on 09.12.2022 at 11 am and make available themselves for
interrogation on that day or any other day/days as directed by
the investigating officer. The petitioners shall co-operate with
the investigation. It is directed that in the event of arrest of the
petitioners in Crime No 770/2022 of Alappuzha South Police
Station, Alappuzha District, they shall be produced before the
Jurisdictional Court on the same day and shall be released on
bail subject to the following conditions:-
BAIL APPL. NO. 8608 OF 2022
BAIL APPL. NO. 9753 OF 2022
(i) The petitioners shall execute a bond for a
sum of Rs.50,000/- (Rupees fifty thousand
only) with two solvent sureties each for the
likesum to the satisfaction of the Jurisdictional
Court,
(ii) The petitioners shall appear before the
investigating officer in Crime No 770/2022 of
Alappuzha South Police Station, Alappuzha
District, on every Saturday at 11.00 am until
filing of the final report,
(iii) The petitioners shall report to the
investigating officer as and when required for
the investigation'
(iv) The petitioners shall not attempt to
influence the defacto complainant or interfere
with the investigation or to influence or
intimidate any witness in Crime No 770/2022
of Alappuzha South Police Station, Alappuzha
BAIL APPL. NO. 8608 OF 2022
BAIL APPL. NO. 9753 OF 2022
District,
(v) The petitioners shall not involve in any
other crime while on bail.
(vi) The petitioners shall jointly deposit a sum
of Rs.18,500/- towards a loss caused to the
hospital.
If any of the aforesaid conditions are violated, the
investigating officer in Crime No 770/2022 of Alappuzha South
Police Station, Alappuzha District, may file an application
before the jurisdictional Court, for cancellation of bail.
It is made clear that it is within the power of the police to
investigate the matter and if necessary to effect recoveries on
the information if any given by the petitioners even when the
petitioners are on bail as per the judgment of the Apex Court
in Sushila Aggarwal and others v. State (NCT of Delhi) and
another (2020 (1) KHC 663). sd/-
VIJU ABRAHAM, JUDGE
R.AV
