Kerala High Court
Muhammed vs State Of Kerala on 21 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
BAIL APPL. NO. 9893 OF 2022
PETITIONERS/ACCUSED 2 & 3:
1 MUHAMMED
AGED 19 YEARS
S/O AZEEZ, PUTHIYEDATH HOUSE,CP MUKKU,
KAKKATTIL,KUTTIYADI, PIN - 673508
2 MINAD,
AGED 21 YEARS,S/O NASSAR,
CHATHOOTH HOUSE,KUTTIYADI , PIN - 673508
BY ADVS.
SHARAN SHAHIER
RAKHY BABY
SONY SOLOMON
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED PUBLIC PROCECUTOR, HIGH COURT OF KERALA,
KOCHIN, PIN - 682031
OTHER PRESENT:
PP -M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.9893 of 2022 2
VIJU ABRAHAM, J.
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B.A. No.9893 of 2022
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Dated this the 21st day of December, 2022
ORDER
Application for anticipatory bail.
2. Petitioners are accused Nos. 2 & 3 in Crime
No.550 of 2022 of Vadakara Police Station, Kozhikode
registered alleging commission of offences
punishable under Sections 341, 323, 326 r/w Section
34 of IPC.
3. The prosecution allegation is that, on
13.06.2022, the defacto complainant and his friends
Shameel and Navaf were sitting in a car at
Villyapilly town, the accused persons dragged the
defacto complainant from the car and assaulted him
with an iron rod in which the defacto complainant
sustained injuries. Thus the accused committed the
aforesaid offences.
4. The petitioners submit that they have been
falsely implicated in the above said crime. In fact
the 1st petitioner who is a first year student was
attacked by the defacto complainant and others and a
crime was registered as Annexure-1 against the
defacto complainant and others. Thereafter, the
present complaint has been filed. Petitioners
submit that no serious overt act are alleged against
them and the 1st accused has been granted bail by
this Court as per Annexure-2 order.
5. Heard the learned counsel for the petitioners
and the learned Public Prosecutor.
6. The learned Public Prosecutor opposed the
application for bail mainly contending that the
defacto complainant sustained serious injuries
including fracture in the alleged incident and
submitted that serious overt act is alleged against
the 1st accused. Learned Public Prosecutor further
submits that the petitioners have no other criminal
antecedents.
Having regard to the facts and circumstances of
the case, and nature of the allegations, I am of
the opinion that custodial interrogation is not
required for the purpose of investigation and only
a limited custody be granted for the same. I am
inclined to grant anticipatory bail to the
petitioners, but on stringent conditions. The above
bail application is allowed with the following
directions. The petitioners shall surrender before
the investigating officer on 27.12.2022 and make
themselves available for interrogation on that day
or on any other day/days and time as directed by
the investigating officer. The petitioners shall
co-operate with the investigation. In the event of
arrest of the petitioners in Crime No.550 of 2022
of Vadakara Police Station, they shall be produced
before the jurisdictional Court on the same day and
be released on bail on the following conditions:
(i) The petitioners shall execute a bond for sum of
Rs.50,000/- (Rupees fifty thousand only) each with
two solvent sureties each for the like sum to the
satisfaction of the jurisdictional Court;
(ii) The petitioners shall appear before the
investigating officer in Crime No.550 of 2022 of
Kozhikode Police Station, on every Saturday at 11
am, till the final report is filed;
(iii) The petitioners shall not tamper with any
evidence;
(iv) The petitioners shall not directly or
indirectly make any inducement, threat or promise
to any witness acquainted with them from disclosing
such facts to the court or to any police officer;
(v) The petitioners shall not involve in any other
crime while on bail.
If any of the aforesaid conditions are violated,
the Investigating Officer in Crime No.550 of 2022
of Hosdurg Police Station 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 any of 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
pm
