Abdul Latheef vs State Of Kerala
2022 Latest Caselaw 2725 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
      FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
                      BAIL APPL. NO. 8245 OF 2021
   AGAINST THE ORDER/JUDGMENT IN CRMC 58/2021 OF DISTRICT COURT&
                         SESSIONS COURT,MANJERI
PETITIONERS:
     1      ABDUL LATHEEF,
            AGED 41 YEARS
            S/O. MUHAMMED, MULLAPPALLI, MEENARKUZHI, KURUVA AMSOM,
            PERINTHALMANNA, MALAPPURAM DISTRICT.

     2      FAIZAL,
            AGED 32 YEARS
            THAYYIL HOUSE, MEENARKUZHI, KODUR AMOSM, PERINTHALMANNA,
            MALAPPURAM DISTRICT.

     3      YAKOOB ,
            AGED 36 YEARS
            S/O. HYDROSE, ALUNGAL, MEENARKUZHI, KURUVA AMSOM,
            PERINTHALMANNA, MALAPPURAM DISTRICT.

     4      NAZER,
            AGED 41 YEARS
            S/O. SAIDALAVI, MULLAPPALLI, MEENARKUZHI, KURUVA AMSOM,
            PERINTHALMANNA, MALAPPURAM DISTRICT.

     5      YAKOOB ,
            AGED 31 YEARS
            S/O. SAIDALAVI, MULLAPPALLI, MEENARKUZHI, KURUVA AMSOM,
            PERINTHALMANNA, MALAPPURAM DISTRICT.

            BY ADVS.
            SOJAN MICHEAL
            V.S.BOBAN


RESPONDENT:
            STATE OF KERALA,
            REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            KOCHI 31.



            SRI. T.R. RENJITH (SR.PP)


THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.03.2022, THE COURT

ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO.8245 OF 2021
                                    2


                               ORDER

Petitioners are the accused Nos. 1 to 5 in Crime No. 61/2021

of Kolathur Police Station, Malappuram district alleging

commission of offences under Sections 143, 147, 148, 341, 323,

324, 506(ii), 364A, 308 read with Section 149 of the IPC.

2. The allegation against the petitioners is that, on

05.03.2021 at about 5.00 PM, the petitioners/accused way laid

the car driven by the defacto complainant and dragged out the

defacto complainant from his car and attacked him with a knife,

iron rod and also beat him with hands, as a result of which he

sustained multiple injuries.

3. Learned counsel for the petitioners submits that the

allegations raised are absolutely false. It is submitted that eh only

injury reported by the defacto complainant is a bleeding in his

nose. It is submitted that he had suffered no other injuries. It is

submitted that there is an argument between the petitioners and

the defacto complainant owing to the act of the defacto

complainant in kidnapping the wife of a friend of the petitioner. It

is submitted that, at any rate, the issues between the petitioner BAIL APPL. NO.8245 OF 2021

and the defacto complainant have been settled and

Crl.M.C.No.441/2022 had been filed before this Court for

quashing all further proceedings in Crime No.61/2021 of Kolathur

Police Station.

4. The learned Public Prosecutor points out the

circumstances of the case from the record.

5. Having regard to the facts and circumstances of the

case and taking into account the contends of Annexure-III

affidavit filed by the defacto complainant which shows that all

disputes between the petitioner and the defacto complainant and

they have been settled, I am of the opinion that the petitioners can

be granted anticipatory bail subject to conditions.

6. In the result, this bail application is allowed. It is

directed that the petitioners shall be released on anticipatory bail,

in the event of their arrest in connection with Crime No. 61/2021

of Kolathur Police Station subject to the following conditions:-

(i) Petitioners shall execute separate bonds for 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;

BAIL APPL. NO.8245 OF 2021

(ii) Petitioners shall appear before the investigating officer in Crime No. 61/2021 of Kolathur Police Station as and when called upon to do so;

(iii) Petitioners shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No. 61/2021 of Kolathur Police Station;

(iv) 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. 61/2021 of Kolathur Police

Station may file an application before the jurisdictional Court for

cancellation of bail.

Sd/-

GOPINATH P.

JUDGE AJ