Mohammed Hisam vs State Of Kerala
2022 Latest Caselaw 12519 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
      FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                     BAIL APPL. NO. 10379 OF 2022
         CRIME NO.877/2022 OF Tirur Police Station, Malappuram


PETITIONERS/ACCUSED NOS. 3 AND 5:

     1       MOHAMMED HISAM
             AGED 23 YEARS
             S/O ABDUL GAFOOR, CHEKKUMARAKKARATH HOUSE, PARAVANNA
             POST, TIRUR TALUK, MALAPPURAM, PIN - 676502
     2       MUHAMMED SHAFEEQ
             AGED 24 YEARS
             S/O KHALID, ARAYANTE PURAKKAL HOUSE,
             PARAVANNA POST, TIRUR TALUK, MALAPPURAM
             PIN - 676502
             BY ADVS.
             BINU V V VEETTIL VALAPPIL
             S.K.PREMJITH MENON
             P.J.STEPHEN


RESPONDENT/COMPLAINANT:

             STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
             PIN - 682031
            BY SMT. NIMA JACOB (PP)

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.12.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Bail Appln. No. 10379 of 2022   2

                      VIJU ABRAHAM , J.
           ===========================
                Bail Appln. No. 10379 of 2022
          ============================
          Dated this the 23rd day of December, 2022


                                ORDER

This is an application for anticipatory bail.

2. The petitioners are accused Nos. 3 and 5 in Crime No.

877/2022 of Tirur Police Station, Malappuram District alleging

commission of offences punishable under Sections 341, 324,

326 and 308 read with Section 34 of the Indian Penal Code.

3. The prosecution allegation is that, on 04/09/2022 at

about 22.00 hours in front of Deepa Bar at Tirur, accused

persons 5 in numbers, on an issue of giving way to the jeep of

the accused, wrongfully restrained the defacto complainant and

his friend and thereafter accused No.1 attempted to chop the

defacto complainant on his neck with a sword, which when

prevented, caused grievous injuries on his left hand. Thus, the

accused are alleged to have committed the above offences.

4. The petitioners submitted that they have not committed

any offence as alleged. Even going by the prosecution case no

serious overt acts are alleged against them.

5. The learned Public Prosecutor upon instructions

submitted that it is true that serious overt acts are alleged

against the 1st accused who used a sword to attack the defacto

complainant. The only allegation against the petitioners is that

they have restrained the defacto complainant. The learned

Public Prosecutor further submitted that they have no other

criminal antecedents.

6. Considering the facts and circumstances of the case

and nature of allegation, I am of the opinion that custodial

interrogation may not be required for the purpose of

investigation, but only a limited custody be granted for the

same. Therefore, I am inclined to grant anticipatory bail to the

petitioners.

In the result, this application is allowed. The Petitioners

shall surrender before the Investigating Officer in Crime No.

877/2022 of Tirur Police Station on 29.12.2022 at 11 AM and

shall make themselves available for interrogation on that day or

any other day/days 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. 877/2022 of Tirur Police

Station, the petitioners shall be produced before the

jurisdictional Court on the very same day and shall be released

on bail subject to the following stringent conditions.

(i) The petitioners shall execute a bond for a 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. 877/2022 of Tirur Police Station, on

every Saturday at 11.00 a.m. until filing of the final

report.

(iii) 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.

877/2022 of Tirur Police Station;

(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. 877/2022 of Tirur 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 sbk/-