Noushad vs State Of Kerala
2022 Latest Caselaw 10420 Ker

Citation : 2022 Latest Caselaw 10420 Ker
Judgement Date : 7 October, 2022

Kerala High Court

Noushad vs State Of Kerala on 7 October, 2022

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
   FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                    BAIL APPL. NO. 7368 OF 2022
        Crime No.585/2022 of Valappad Police Station
PETITIONER/ACCUSED:

    1     NOUSHAD
          AGED 50 YEARS
          S/O AHMED,AGED 50 YEARS,
          THOPPIYAN HOUSE,VALAPPAD, PIN - 680669
    2     NAWAB
          AGED 47 YEARS
          S/O AHMEDD,AGED 47 YEARS, THOPPIYAN HOUSE,VALAPPAD
          , PIN - 680669
    3     RENUS
          AGED 48 YEARS
          S/O KHADER,AGED 48 YEARS, THOPPIYAN
          HOUSE,VALAPPAD, PIN - 680669
          BY ADVS.
          M.SHAJU PURUSHOTHAMAN
          K.S.RAJESH

RESPONDENT/STATE:

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
          KERALA, PIN - 682031
OTHER PRESENT:


          SR.PP - SMT. SEETHA S.


    THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 07.10.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 B.A. No.7368 of 2022             :2:




                       VIJU ABRAHAM, J.
         -- -- -- -- -- -- -- -- -- -- -- -- --
                      B.A. No.7368 of 2022
         -- -- -- -- -- -- -- -- -- -- -- -- --
              Dated this the 7th day of October, 2022

                                 ORDER

This is an application for anticipatory bail.

2. The petitioners are accused Nos.1 to 3 in Crime

No.585/2022 of Valappad Police Station alleging commission of

offences punishable under Sections 447, 341, 323, 324, 506 and 34

of Indian Penal Code.

3. The prosecution allegation is that, the accused, due to the

enmity towards the defacto complainant resulting from not

vacating the tenanted building, on 23.8.2022, at 10.30.P.M, in front

of the compound of the tenanted house of the defacto complainant,

wrongfully restrained and beat the defacto complainant with hands

and iron pipe and beat the mother of the defacto complainant who

tried to prevent the attack and thus the accused have committed

the aforesaid offences.

4. The learned counsel for the petitioners submitted that the

petitioners have been falsely implicated in the above said crime. It

is the case of the petitioners that the defacto complainant is the

tenant of the building owned by the brother of accused Nos. 1 and

5. The defacto complainant was not prepared to vacate the

premises on the pretext of a dispute as to the advance amount and

when the sister-in-law of the accused Nos.1 and 2 talked over the

issue with the defacto complainant, they were subject to

misbehavior by the defacto complainant and the sister-in-law

lodged a complaint against the defacto complainant before the

police. The petitioners are implicated in the crime by the defacto

complainant as a counter blast to the said complaint of the sister-

in-law.

6. The learned Public Prosecutor upon instructions submitted

that the defacto complainant was attacked by the petitioners and

he sustained fracture and other injuries in the alleged incident and

his mother was also injured in the said incident. It is further

submitted that serious overtact of hitting the defacto complainant

with an iron rod is on the 1 st petitioner and serious overtacts are

alleged against the 2nd and 3rd petitioners, but submitted that they

have no other criminal antecedents.

7. Having regard to the facts and circumstances of the case

and considering the overtacts alleged against the 1 st petitioner, I

am not inclined to grant bail to the 1 st petitioner. As regards the

2nd and 3rd petitioners, I am inclined to grant bail to them subject

to stringent conditions. In the result, this application is allowed in

part. It is directed that the 2 nd and 3rd petitioners shall surrender

before the investigating officer on 11.10.2022 at 11 a.m, and

subject themselves for interrogation on that day and on any other

day or days as directed by the investigating officer, and in the

event of arrest in Crime No.585/2022 of Valappad Police Station,

they shall be produced before the jurisdictional Court and shall be

released on bail, subject to the following conditions:--

(i) The 2nd and 3rd petitioners shall execute a 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) The 2nd and 3rd petitioners shall appear before the

investigating officer in Crime No.585/2022 of

Valappad Police Station as and when summoned to do

so;

(iii) The 2nd and 3rd petitioners shall not attempt to

contact the victim or the defacto complainant or

interfere with the investigation or to influence or

intimidate any witness in Crime No.585/2022 of

Valappad Police Station;