Kerala High Court
Shanavas U.K vs State Of Kerala on 8 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
BAIL APPL. NO. 4139 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRMC 423/2022 OF DISTRICT COURT&
SESSIONS COURT,MANJERI
PETITIONERS:
1 SHANAVAS U.K.
AGED 46 YEARS
S/O.KABEER,
UMMATHUR KONIKKAL HOUSE,
MUKKATTA, NILAMBUR R.S. P.O.,
MALAPPURAM DISTRICT
PIN - 679330
2 ANWAR P
AGED 34 YEARS
S/O.HAMZA,
PARAMMAL HOUSE, BHOODAN COLONY P.O.,
POTHUKALLU, CHUNGATHARA, MALAPPURAM DISTRICT,
PIN - 679334
3 MUNEER P
AGED 33 YEARS
S/O.KOYAMU,
KADAMBOTTIL HOUSE, PUTHIYANGADI,
PATHIRIPPADAM P.O., NALLAMTHANNI,
EDAKKARA, CHUNGATHARA, MALAPPURAM DISTRICT
PIN - 679334
4 MUNEEB P
AGED 24 YEARS
S/O.KOYAMU,
KADAMBOTTIL HOUSE, PUTHIYANGADI,
PATHIRIPPADAM P.O., NALLAMTHANNI,
EDAKKARA, CHUNGATHARA, MALAPPURAM DISTRICT
PIN - 679334
BY ADV K.RAKESH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, KOCHI, PIN - 682031
BAIL APPL. NO. 4139 OF 2022
2
2 THE STATION HOUSE OFFICER
POTHUKALLU POLICE STATION,
MALAPPURAM DISTRICT
PIN - 679334
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SR.PP SMT.M.K PUSHPALATHA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 4139 OF 2022
3
BECHU KURIAN THOMAS, J.
===========================
B.A.No. 4139 of 2022
============================
Dated this the 8th day of June, 2022
ORDER
This is an application seeking pre-arrest bail under Section
438 of Code of Criminal Procedure, 1973.
2. Petitioners seek pre-arrest bail in Crime No.80/2022,
on the files of the Pothukal Police Station, Malappuram,
alleging offences under Sections 452, 341, 323, 324, 326 and
506 r/w Section 34 of I.P.C., 1860.
3. The prosecution case is that on 10.04.2022, the
accused in furtherance of their common intention, trespassed
into the residence of the de-facto complainant carrying reaper
and rocks and pushed the de-facto complainant and attempted
to assault him using the dangerous weapons causing fracture to
the middle finger of the de-facto complainant, thereby
BAIL APPL. NO. 4139 OF 2022
committing the offence alleged.
4. Sri.K.Rakesh, the learned counsel for the petitioners
submitted that petitioners are totally innocent of the allegations
and that the issue arises out of a property dispute. It was also
submitted that the weapons of offence have already been
recovered and hence custodial interrogation was not required.
5. The learned Public Prosecutor, on the other hand,
vehemently objected to the grant of pre-arrest bail and
submitted that custodial interrogation is necessary and the
offences alleged are serious.
6. On an appreciation of the rival contentions, I am of
the view that the offence alleged against the petitioners are
serious in nature requiring custodial interrogation, despite the
alleged cause being a property dispute. The injury caused on
the finger of the de-facto complainant is also alleged to be
serious in nature. In such circumstances, I am not inclined to
grant bail as far as accused Nos. 1 to 3 are concerned.
BAIL APPL. NO. 4139 OF 2022
However, as far as the 4th petitioner, who is the 4th accused in
the crime is concerned, I notice prima facie, that no serious
overt act is alleged against him. In such circumstances, I
dispose of this application in the following manner :
1) Petitioners shall appear before the Investigating
Officer on 13.06.2022.
2) After interrogation, if the Investigating Officer
proceeds to arrest the petitioners then the 4 th
petitioner shall be released on bail on him executing
a bond for Rs.50,000/- with two solvent sureties to
the like sum to the satisfaction of the Investigating
Officer.
3) 4th petitioner shall make himself available before
the Investigating Officer as and when required.
4) 4th petitioner shall not commit similar offences
while on bail.
5) 4th petitioner shall not leave the State of Kerala
without prior permission from the jurisdictional
Court.
6) 4th petitioner shall not interact, threaten or
intimidate the witnesses or the de-facto complainant.
7. As far as petitioners 1 to 3 are concerned, if after
interrogation, the Investigating Officer proceeds to arrest them,
BAIL APPL. NO. 4139 OF 2022
they shall be produced before the jurisdictional Magistrate, who
shall consider bail application, if preferred, in accordance with
law.
The bail application is allowed as far as the 4 th petitioner
is concerned and dismissed as relating to petitioners 1 to 3.
Sd/-
BECHU KURIAN THOMAS
JUDGE
ssa/
