Shihabudheen R.S vs State Of Kerala
2023 Latest Caselaw 378 Ker

Citation : 2023 Latest Caselaw 378 Ker
Judgement Date : 11 January, 2023

Kerala High Court

Shihabudheen R.S vs State Of Kerala on 11 January, 2023

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
     WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                        BAIL APPL. NO. 10449 OF 2022
PETITIONERS/ACCUSED NOS.3 & 4:

     1      SHIHABUDHEEN R.S
            AGED 22 YEARS,S/O SULAIMAN R K
            RAMI HOUSE, BABY ROAD, MANATHALA VILLAGE
            CHAVAKKAD TALUK,THRISSUR DISTRICT -680506, PIN - 680506

     2      RAMEES AKTHAR
            AGED 22 YEARS,S/O SULAIMAN R K
            RAMI HOUSE, BABY ROAD, MANATHALA VILLAGE
            CHAVAKKAD TALUK,THRISSUR DISTRICT -680506, PIN - 680506

            BY ADVS.
            ASADU AHMMED CHULLINTE
            MEHNA IBRAHIM
            SACHIN RAMESH
            K.M.FATHIMA
            ARAVIND T RAMESH



RESPONDENT/STATE:

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


OTHER PRESENT:

            PP - NIMA JACOB


     THIS   BAIL     APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No.10449 of 2022                   2

                   VIJU ABRAHAM, J.
                 -------------------
                B.A. No.10449 of 2022
            -----------------------------
      Dated this the 11th day of January, 2023

                                  ORDER

Application for anticipatory bail.

2. Petitioners are accused Nos.3 & 4 in Crime

No.846 of 2022 of Chavakkad Police Station, Thrissur

registered alleging commission of offences

punishable under Sections 143, 147, 148, 448, 341,

323, 324, 326 r/w 149 of IPC.

3. The prosecution allegation is that, on

15.10.2022 at 8.30 pm an unlawful assembly

consisting of 10 identifiable persons attacked the

defacto complainant and three of his friends at a

place near Manathala Baby Road Centre and

voluntarily caused grievous hurt to the victims by

using "seemakkonna sticks", "coconut palm sticks"

and "steel pipe", and thereby committed the

aforesaid offences.

4. The petitioners submit that they have been

falsely implicated in the above said crime and they

are not even involved in the above said crime. In

fact, it was the accused, who were attacked by the

defacto complainant and a case was registered as

Crime No.848 of 2022 of Chavakkad Police Station.

Even going by the prosecution case, the weapons

alleged to have been used are not deadly in nature

and injuries sustained are not grievous.

5. Heard the learned counsel for the petitioners

and the learned Public Prosecutor.

6. The learned Public Prosecutor upon instructions

submitted that, the accused formed a group and

attacked the defacto complainant and further that

there is a case registered, as Crime No.848 of 2022,

and further submitted that the petitioners have no

other criminal antecedents.

Having regard to the facts and circumstances of

the case, and nature of the allegations, I am of the

opinion that custodial interrogation is not required

for the purpose of investigation and only a limited

custody be granted for the same. I am inclined to

grant anticipatory bail to the petitioners, but on

stringent conditions. The above bail application is

allowed with the following directions. The

petitioners shall surrender before the investigating

officer on 18.01.2023 and make themselves available

for interrogation on that day or on any other

day/days and time as directed by the investigating

officer. The petitioners shall co-operate with the

investigation. In the event of arrest of the

petitioners in Crime No.846 of 2022 of

Chavakkad Police Station, they shall be produced

before the jurisdictional Magistrate on the same day

and be released on bail on the following conditions:

(i) The petitioners shall execute a bond for 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 petitioners shall appear before the investigating officer in Crime No.846 of 2022 of Chavakkad Police Station, on every Saturday at 11 am, till the final report is filed;

(iii) The petitioners shall not tamper with any evidence;

(iv) The petitioners shall not directly or

indirectly make any inducement, threat or promise to any witness acquainted with them from disclosing such facts to the court or to any police officer;