Shamsudeen vs State Of Kerala
2022 Latest Caselaw 1002 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
      TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
                       BAIL APPL. NO. 521 OF 2022
 CRIME NO.563/2021 OF NATTUKAL POLICE STATION, PALAKKAD DISTRICT
 AGAINST THE ORDER/JUDGMENT IN CMP 90/2022 OF JUDICIAL MAGISTRATE
                       OF FIRST CLASS , MANNARKAD
PETITIONER/2ND ACCUSED:

          SHAMSUDEEN
          AGED 56 YEARS
          S/O. UNNEENAPPA HAJI, KAPPUR PATTANATH VEEDU,
          MUTHIRAMANNA, THAZHEKKODE POST, PERINTHALMANNA TALUK,
          MALAPPURAM DISTRICT, PIN - 679357.

          BY ADVS.
          P.SAMSUDIN
          LIRA A.B.



RESPONDENT/STATE:

          STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, ERNAKULAM - 682031. (IN CRIME NO. 563/2021 OF
          NATTUKAL POLICE STATION IN PALAKKAD DISTRICT)


OTHER PRESENT:

          SRI. M.C. ASHI (PP)


THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.01.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.521/2022                            2

                                   ORDER

This is an application for regular bail.

2. The petitioner is the 2nd accused in Crime No.563/2021 of

Nattukal Police Station, Palakkad District alleging commission of offences

under Sections 143, 147, 148, 452, 323, 324, 307, 392 and 363 r/w. Section

149 of the Indian Penal Code.

3. The allegation against the petitioner is that, on 19.12.2021 at

about 8.50 p.m., the petitioner along with other accused in the case

trespassed into the house of the de facto complainant armed with deadly

weapons and committed robbery of Rs.7,32,000/- and a cheque of the

de facto complainant. It is also alleged that, while committing robbery, the

petitioner and the other accused inflicted grievous hurt to the de facto

complainant.

4. The learned counsel for the petitioner submits that a false case

has been foisted against the petitioner and the other accused only on

account of the fact that the mother of the 1 st and 3rd accused had filed three

cases, each of them alleging commission of offence under Section 138 of the

Negotiable Instruments Act by the de facto complainant. It is submitted

that the de facto complainant has deceived several people and there are

several cases pending against him for the same. It is submitted that the

present case has been registered by the de facto complainant only to get over

the liability in the cases filed by the mother of accused Nos.1 and 3 under the

provisions of the Negotiable Instruments Act. It is submitted that this Court

had already granted bail to the 5 th accused through order in

B.A.No.33/2022. It is submitted that the petitioner has been in custody

from 6.1.2022 and his further detention is not required for the purpose of

any investigation. It is also submitted that the petitioner is a 56 year old

man, who suffering from various illnesses.

5. The learned Public Prosecutor on instructions would submit

that this Court was inclined to grant bail to the 5 th accused after noticing that

there were no serious allegations made specifically against him. It is

submitted that there are serious allegations as far as the petitioner herein is

concerned. With reference to the wound certificate in respect of the de facto

complainant, it is submitted that the de facto complainant suffered serious

injuries and that the allegations against the petitioner and the other accused

in the case appear to tally with the injuries suffered by the de facto

complainant. It is submitted that the investigation in the matter is only

progressing and the grant of bail at this stage may not be conducive to the

prosecution.

6. Having regard to the facts and circumstances of the case and

considering the fact that the petitioner has been in custody from 6.1.2022

and also considering the fact that the petitioner is stated to be suffering from

various illnesses and also considering the age of the petitioner, I am of the

opinion that the petitioner can be granted bail subject to conditions to

ensure that he does not interfere with the investigation in any manner. I

have also taken note of the fact that the 5 th accused in the case has already

been granted bail.

7. In the result this bail application is allowed. It is directed that

the petitioner 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 like sum to

the satisfaction of the jurisdictional Court;

(ii) The Petitioner shall report before the Investigating officer in

Crime No. 563/2021 of Nattukal Police Station on every Monday and

Saturday at 11 a.m until filing of final report and thereafter, the

petitioner shall appear before the investigating officer as and when

called upon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation,

influence or intimidate the de facto complainant or any witness in

Crime No.563/2021 of Nattukal Police Station;

(iv) 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.563/2021 of Nattukal Police Station may file an application

before the jurisdictional Court for cancellation of bail.

sd/-

GOPINATH P.

JUDGE acd