Shabeer K.M vs The State Of Kerala
2022 Latest Caselaw 7503 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
            THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
  FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                 BAIL APPL. NO. 4501 OF 2022
 CRIME NO.491/2022 OF KASARAGOD POLICE STATION, KASARGOD
PETITIONER/ACCUSED NOS.1,2&4:

    1       SHABEER K.M
            AGED 40 YEARS, S/O. IBRAHIM K.A, SAJAINA
            MANZIL, MAHBOOB ROAD, ANANGOOR, KASABA VILLAGE,
            KASARGOD, PIN - 671121
    2       MUHAMMAD SHUHAIB S.A
            AGED 19 YEARS, S/O. MUHAMMAD SHAFEEQ K.A,
            SHAHID MANZIL, BADIRA, ANANGOOR, KASABA
            VILLAGE, KASARGOD, PIN - 671121
    3       MUHAMMAD SHAFEEQ K.A
            AGED 43 YEARS, S/O KATHIM IBRAHIM.K.A, SHAHID
            MANZIL, BADIRA, ANANGOOR, KASABA VILLAGE,
            KASARGOD , PIN - 671121
            BY ADVS.
            SUNNY MATHEW
            NIKITTA TRESSY GEORGE
RESPONDENTS/COMPLAINANTS&STATE:

    1       THE STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM, COCHIN, PIN -
            682031
    2       THE STATION HOUSE OFFICER
            KASARGOD POLICE STATION, KASARGOD DISTRICT,
            PIN - 671121

            BY ADV
            SRI.M.C.ASHI - PP
        THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 BA. No.4501/2022

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                             ORDER

Dated this the 24th day of June, 2022

This is an application for Regular Bail.

2. The petitioners are the accused Nos.1, 2 and 4 in

Crime No.491/2022 of Kasargod Police Station alleging

commission of offences punishable under Sections 341, 323,

324, 308 and 506 r/w Section 34 of the IPC.

3. The prosecution case is that, on 05.06.2022 at

about 5.10PM, the accused in the above case, in furtherance of

their common intention, wrongfully restrained the de facto

complainant at Anangoor petrol pump and caused hurt to him

by beating him with an iron pipe. The further allegation is that

the blow aimed at the head of the de facto complainant with

an iron pipe, if not evaded would have caused his death, hence

the above case. The petitioners were arrested on 06.06.2022

and ever since then they are in custody.

4. The learned counsel for the petitioners submitted

that, they were arrested on 06.06.2022 and are in custody

since then. The case of the petitioners is that, they are falsely BA. No.4501/2022

..3..

implicated in the above said crime and in fact, earlier the

younger son of the 3rd petitioner was abducted by the de facto

complainant and others and was beaten up. Anx.A1 is the

wound certificate of the minor son of the 3 rd petitioner.

Anx.A2- complaint was preferred by the wife of the 3 rd

petitioner and due to the influence of the de facto complainant,

no crime was registered.

5. The learned Public Prosecutor, upon instruction,

submitted that, the 1st accused is involved in several other

cases including a 302 case, but submitted that injury suffered

by the de facto complainant is not very serious.

6. The learned counsel for the petitioners thereupon

submitted that, 1st petitioner is acquitted in the said alleged

302 case as per the judgment dated 24.06.2022 in S.C.

No.380/2017 of Addl. Sessions Court-II, Kasaragod.

7. Having regard to the facts and circumstances of the

case, taking into consideration the fact that the petitioners are

in custody from 06.06.2022, I am inclined to grant bail to the

petitioners and it is ordered that the petitioners shall be

released on bail on the following stringent conditions: BA. No.4501/2022

..4..

(i) The petitioners shall execute 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) Petitioners shall appear before the investigating officer in Crime No.491/2022 of Kasargod Police Station, on every Saturday at 11 am until filing of final report and shall co-operate with the investigation;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence or any witness in Crime No.491/2022 of Kasargod Police Station;

(iv) 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.491/2022 of Kasargod Police

Station may file an application before the jurisdictional court,

for cancellation of bail.

Sd/-

VIJU ABRAHAM, JUDGE ded/24.06.2022