Kerala High Court
Faisal @ Appu vs State Of Kerala on 22 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
BAIL APPL. NO. 1383 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRMP 320/2022 OF DISTRICT COURT &
SESSIONS COURT,KOTTAYAM
CRIME NO.1801/2021 OF KANJIRAPPALLY POLICE STATION, KOTTAYAM DISTRICT
PETITIONER/ACCUSED NOS.3 & 5:
1 FAISAL @ APPU
AGED 25 YEARS, S/O SHAJI,CHERIPURATH HOUSE, ANAKKALLU P.O.,
KANJIRAPPALLY, KOTTAYAM DISTRICT., PIN - 686508
2 ASHKAR V.I.
AGED 26 YEARS, S/O. IQBAL,
VAZHEPARAMBIL HOUSE, KANJIRAPPALLY P.O.,
KANJIRAPPALLY, KOTTAYAM DISTRICT., PIN - 686507
BY ADVS.
T.S.SARATH
JITHIN C.J
GEETHU KRISHNAN
M.KIRANLAL
MANU RAMACHANDRAN
R.RAJESH (VARKALA)
HARSHA SUSAN SAM
SAMEER M NAIR
RESPONDENT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
KANJIRAPPALLY POLICE STATION,KOTTAYAM DISTRICT- 686507
OTHER PRESENT:
SMT. SEETHA .S. (SR.PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.03.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.1383/2022 2
ORDER
This is an application for regular bail
2. The petitioners are the 3rd and 5th accused in Crime
No.1801/2021 of Kanjirappally Police Station, Kottayam District,
alleging the offences punishable under Sections 143, 144, 147,
148, 427, 354, 120(b), 452, 294(b), 506(ii), 326, 324 & 323 r/w.
Section 149 of the Indian Penal Code.
3. The allegation against the petitioners is that they
along with the other accused trespassed into the house of the de
facto complainant, shouted obscene and threatening words and
assaulted the brother of the de facto complainant with metal rod
on his hand and on his leg. It is also alleged that when the de
facto complainant rushed to the spot, she was also pushed down
and assaulted by the accused in the case.
4. The learned counsel appearing for the petitioners
would submit that the petitioners are absolutely innocent in the
matter. It is submitted that going by the First Information
Statement, there were only three accused persons and later in
the remand report, the names of five accused are mentioned. It is
alleged that further offenes were incorporated in the remand
report only to ensure that non-bailable offences are charged
against the petitioners. It is submitted that there are serious
contradictions in the First Information Statement and subsequent
documents.
5. I have heard the learned Public Prosecutor also.
6. The learned Public Prosecutor opposes the grant of
bail. It is submitted that the petitioners have criminal
antecedents. It is submitted that there are clear allegations
which suggest that the petitioners are guilty of the offences
alleged against them. It is submitted that the wound certificate in
respect of the brother of the de facto complainant also suggests
that the allegations raised against the petitioners and others are
true. It is submitted that the petitioners are not entitled to be
released on bail.
7. Having regard to the facts and circumstances of the
case and considering the fact that the petitioners have been in
custody from 25-01-2022, I am of the view that the petitioners
can be granted bail subject to conditions. I am convinced that
their further detention is not necessary for the purposes of
investigation.
8. In the result this bail application is allowed. It is
directed that the petitioners shall be released on bail, subject to
the following conditions:-
(i) The petitioners shall execute separate bonds for sums 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 petitioners shall report before the Investigating
officer in Crime No.1801/2021 of Kanjirappally Police Station,
Kollam District as and when called upon to do so;
(iii) The petitioners shall not attempt to contact the de facto
complainant or interfere with the investigation or to influence or
intimidate any witness in Crime No. 1801/2021 of Kanjirappally
Police Station, Kollam District;
(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.1801/2021 of Kanjirappally
Police Station, Kollam District may file an application before the
jurisdictional Court for cancellation of bail
Sd/-
GOPINATH P.
ats. JUDGE
APPENDIX OF BAIL APPL. 1383/2022
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE FIR AND FIS IN CRIME
NO.1801 OF 2021 OF KANJIRAPPALLY POLICE
STATION, KOTTAYAM DISTRICT
Annexure A2 A TRUE COPY OF THE ORDER IN CRL.M.P NO.
320/2022 OF THE HON'BLE SESSSION COURT,
KOTTAYAM
Annexure A3 THE TRUE COPY OF THE ORDER IN CMP NO.
535/2022 OF THE HON'BLE JFMC-I,
KANJIRAPPALLY
Annexure A4 THE TRUE COPY OF THE ORDER IN CRL.M.P
NO. 287/2022 OF THE HON'BLE SESSIONS
COURT, KOTTAYAM
