Kerala High Court
Kabeer vs State Of Kerala Represented By ... 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. 9509 OF 2022
Crime No.1014/2022 of Tirur Police Station, Malappuram District,
PETITIONER/ACCUSED:
KABEER, AGED 36 YEARS
PAREEKUTTANTE PURAKKAL HOUSE,
PURATHUR,P.O.PADINJAREKARA,
VAKKAD,KOOTTAYI,TIRUR TALUK,
MALAPPURAM DISTRICT-676 108, PIN - 676108
BY ADV K.P.SHEREEF
RESPONDENT/STATE:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, ERNAKULAM, PIN - 682031.
2 THE CIRCLE INSPECTOR OF POLICE,
TIRUR POLICE STATION, MALAPPURAM DISTRICT-676 101.
OTHER PRESENT:
PP - NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 9509 OF 2022 2
VIJU ABRAHAM, J
BA No.9509 of 2022
st
Dated this the 21 day of December, 2022
O R D E R
This is an application for anticipatory bail.
rd
2. The petitioner is the 3 accused in Crime
No.1014/2022 of Tirur Police Station, Malappuram District,
alleging commission of offences punishable under Sections 341,
326, 324, 323 and 307 r/w Section 34 of the IPC.
3. The prosecution allegation is that on 11.10.2022 at
about 22.30 hours, at Vakkad Padiyam Kadappuram accused
Nos.1 to 4 conjointly attacked the defacto complainant after
wrongfully restraining him. Accused No.1 beat with a stick
which caused fracture to the nasal bone of the defacto
complainant and thereby the accused have committed the
aforesaid offences.
4. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that
he has been falsely implicated in the aforesaid crime. In fact
on 11.10.2022, while the petitioner and two others were coming
home the defacto complainant and his associates were seen
using drugs at public road in Vakkad Kadappuram Beach road
and the same was questioned by the petitioner, they vigorously
attacked the petitioner and others and the motor cycle of the
petitioner was set ablaze also. In connection with the same, the
police has registered crime No.1015/2022 under Sections 326
and 308 of the IPC against the defacto complainant and others
and further submitted that the petitioner has no other criminal
antecedents.
6. The learned Public Prosecutor upon instructions
submitted that serious overtacts are alleged against the first
accused and the petitioner has no other criminal antecedents.
7. Considering the facts and circumstances of the case
and the nature of the allegations and taking into consideration
that the petitioner has no other criminal antecedents, I am of
the opinion that custodial interrogation of the petitioner may not
be required for the purpose of the investigation and only a
limited custody be granted for the same, I am inclined to grant
anticipatory bail to the petitioner.
In the result, this application is allowed. Petitioner shall
surrender before the investigating officer in Crime No.1014/2022
of Tirur Police Station, Malappuram District, on 27.12.2022 at
11 am and make himself available for interrogation. The
petitioner shall co-operate with the investigation. It is directed
that in the event of arrest of the petitioner in Crime
No.1014/2022 of Tirur Police Station, Malappuram District, he
shall be produced before the Jurisdictional Court on the same
day and he shall be released on bail subject to the following
conditions:-
(i) The petitioner 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 petitioner shall appear before the
investigating officer in Crime No.1014/2022 of
Tirur Police Station, Malappuram District, on
every Saturday at 11.00 am until filing of the
final report,
(iii) Petitioner shall report to the investigating
officer as and when required for the
investigation,
(iv) The petitioner shall not attempt to
influence the defacto complainant or interfere
with the investigation or to influence or
intimidate any witness in Crime No.1014/2022
of Tirur Police Station, Malappuram District,
(v) The petitioner shall not involve in any
other crime while on bail.
If any of the aforesaid conditions are violated, the
investigating officer in Crime No.1014/2022 of Tirur Police
Station, Malappuram 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 petitioner even when the
petitioner is 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
