Kerala High Court
Shahul Midad vs The State Of Kerala on 4 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
BAIL APPL. NO. 3102 OF 2022
CRIME NO.830/2021 OF PATTAMBI POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT IN CMP 1784/2022 OF JUDICIAL MAGISTRATE
OF FIRST CLASS , PATTAMBI
PETITIONER/ACCUSED NO.5:
SHAHUL MIDAD,
AGED 30 YEARS
S/O.HAMZA,
MALAYIL HOUSE,
NELLAYA P.O.
POTTACHIRA,
PALAKKAD DISTRICT,
PIN - 679336
BY ADVS.
HARIKRISHNAN S.
P.PRIJITH
AJAY BEN JOSE
MANJUNATH MENON
P.MARTIN JOSE
SACHIN JACOB AMBAT
R.GITHESH
ANNA LINDA V.J
S.SREEKUMAR (SR.)
THOMAS P.KURUVILLA
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM,
KOCHI- 682031.
2 THE STATION HOUSE OFFICER,
BAIL APPL.NO.3102 OF 2022
2
PATTAMBI POLICE STATION,
PATTAMBI,
PALAKKAD DISTRICT
PIN - 691303
BY ADV.SMT.NEEMA T.V, SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 04.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPL.NO.3102 OF 2022
3
P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.No.3102 of 2022
-------------------------------
Dated this the 4th day of May, 2022
ORDER
This Bail Application is filed under Section 439 of
Criminal Procedure Code.
2. Petitioner is the 5th accused in Crime No.830
of 2021 of Pattambi Police Station. The above case is
registered against the petitioner and others alleging
offences punishable under Sections 143, 147, 148,
324, 326 and 307 r/w 149 of the IPC. Petitioner was
arrested on 10.04.2022 and from that date onwards
he is in custody.
3. The prosecution case is that on 28.12.2021,
the petitioner and the other accused formed
themselves into an unlawful assembly armed with
weapons attacked the defacto complainant.
BAIL APPL.NO.3102 OF 2022
4. Heard counsel for the petitioner and the
Public Prosecutor. The counsel for the petitioner
submitted that the petitioner has not committed any
offence. The counsel also submitted that the name
of the petitioner is also not mentioned in the FIR.
The counsel again submitted that the allegation
against the petitioner is that he used iron rods and
beat the defacto complainant in his legs. There is
absolutely no injury on legs. The counsel also
submitted that the main allegation is against the
other accused. The petitioner is the 5th accused.
The learned Public Prosecutor seriously opposed the
bail application. The Public Prosecutor submitted
that the offence alleged against the petitioner
includes Section 326 and 307. The Public Prosecutor
submitted that the investigation is at the preliminary
stage. It is true that the allegation against the
petitioner is very serious. But the petitioner is in
BAIL APPL.NO.3102 OF 2022
custody from 10.04.2022. It is true that the name
of the petitioner is not mentioned in the FIR. That is
not a reason to grant bail to the petitioner because
that is a matter to be decided by the trial court at
the appropriate stage. Similarly the counsel for the
petitioner also submitted that there is contradiction
in the ocular evidence and medical evidence. That is
also a matter to be decided by the trial court at the
appropriate stage. The Public Prosecutor submitted
that the petitioner is involved in four other crimes
also. It is true that the petitioner is involved in other
cases, but that is not a ground to reject the bail in
the light of the judgment of the Apex Court in
Maulana Mohd. Amir Rashadi v. State Of U.P.
and others [2012(2)SCC 382]. But considering the
entire facts and circumstances of the case and also
the period of detention, I think this bail application
can be allowed.
BAIL APPL.NO.3102 OF 2022
5. Moreover, it is a well accepted principle that
the bail is the rule and the jail is the exception. The
Hon'ble Supreme Court in Chidambaram. P v
Directorate of Enforcement (2019 (16) SCALE
870), after considering all the earlier judgments,
observed that, the basic jurisprudence relating to
bail remains the same inasmuch as the grant of bail
is the rule and refusal is the exception so as to
ensure that the accused has the opportunity of
securing fair trial.
6. Considering the dictum laid down in the
above decision and considering the facts and
circumstances of this case, this Bail Application is
allowed with the following directions:
1. Petitioner shall be released
on bail on executing a bond for
Rs.50,000/- (Rupees Fifty Thousand
only) with two solvent sureties each
BAIL APPL.NO.3102 OF 2022
for the like sum to the satisfaction of
the jurisdictional Court.
2. The petitioner shall appear
before the Investigating Officer for
interrogation as and when required.
The petitioner shall co-operate with
the investigation and shall not,
directly or indirectly make any
inducement, threat or promise to
any person acquainted with the facts
of the case so as to dissuade
him/her from disclosing such facts to
the Court or to any police officer.
3. Petitioner shall not leave India
without permission of the
jurisdictional Court.
4. Petitioner shall not commit an
offence similar to the offence of
BAIL APPL.NO.3102 OF 2022
which he is accused, or suspected, of
the commission of which he is
suspected.
5. If any of the above conditions
are violated by the petitioner, the
jurisdictional Court can cancel the
bail in accordance to law, even
though the bail is granted by this
Court. The prosecution and the
victim are at liberty to approach the
jurisdictional court to cancel the bail,
if there is any violation of the above
conditions.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
DM
BAIL APPL.NO.3102 OF 2022
APPENDIX OF BAIL APPL. 3102/2022
PETITIONER'S ANNEXURES
ANNEXURE1 TRUE COPY OF FIR IN CRIME NO.830 OF
2021 OF PATTAMBI POLICE STATION
ANNEXURE 2 TRUE COPY OF FIS IN CRIME NO.830 OF
2021 OF PATTAMBI POLICE STATION
ANNEXURE 3 TRUE DRAFT COPY OF THE DISCHARGE
SUMMARY OF DEFACTO COMPLAINANT
ANNEXURE 4 TRUE DRAFT COPY OF THE DISCHARGE
SUMMARY OF MR.ANEESH
ANNEXURE 5 TRUE COPY OF REMAND REPORT IN CRIME
NO.830 OF 2021 OF PATTAMBI POLICE
STATION
ANNEXURE 6 TRUE COPY OF FIR IN CRIME NO.619 OF
2021 OF PERINTHALMANNA POLICE STATION
ANNEXURE 7 CERTIFIED COPY OF ORDER DATED 12-04-
2022 IN C.M.P.NO.1784 OF 2022 IN
CRIME NO.830 OF 2021 PASSED BY
JUDICIAL FIRST CLASS MAGISTRATE
COURT, PATTAMBI
//TRUE COPY//
PA TO JUDGE
