Kerala High Court
Mohammed Musthafa K.D vs State Of Kerala on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
BAIL APPL. NO. 2655 OF 2022
CRIME NO.124/2022 OF CHERPULASSERRY POLICESTATION, PALAKKAD
PETITIONERS/ACCUSED:
1 MOHAMMED MUSTHAFA K.D
AGED 25 YEARS
S/O. ABUBACKER SIDDIQ,
KIZHAKKEPATTU THODI,
KULUKKALLUR, PATTAMBI, PIN - 679337
2 IRSHAD
AGED 25 YEARS
S/O. USMAN, POOVATHUMKUZHI HOUSE,
EZHUVANTHALA P.O., NELLAYA,
OTTAPALAM, PIN - 679335
BY ADVS.
SRUTHY N. BHAT
P.M.RAFIQ
AJEESH K.SASI
M.REVIKRISHNAN
MITHA SUDHINDRAN
RAHUL SUNIL
SRUTHY K.K
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682031
BY PUBLIC PROSECUTOR SMT.SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.01.2023,
ALONG WITH Bail Appl..5905/2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA Nos.2655 & 5905 of 2022 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
BAIL APPL. NO. 5905 OF 2022
CRIME NO.124/2022 OF CHERPULASSERRY POLICESTATION, PALAKKAD
PETITIONER/3RD ACCUSED:
FUHAD SAMA,AGED 24 YEARS
S/O.MUHAMMED ALI, MUNDAKKAL HOUSE, MULAYANKAVU
POST, PATTAMBI TALUK, PALAKKAD DISTRICT.,
PIN - 679337
BY ADV R.SREEHARI
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM PIN - 682031
2 STATION HOUSE OFFICER
CHERPULASSERRY POLICE STATION, CHERPULASSERRY POST,
OTTAPALAM TALUK ,PALAKKAD DISTRICT., PIN - 679503
OTHER PRESENT:
PP:Seetha S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.01.2023, ALONG WITH Bail Appl..2655/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
BA Nos.2655 & 5905 of 2022 3
VIJU ABRAHAM, J.
.................................................................
B.A. Nos.2655 & 5905 of 2022
.................................................................
Dated this the 17th day of January, 2023
ORDER
Applications for anticipatory bail.
2. B.A.No.2655 of 2022 is filed by accused Nos.1 and 2 and
B.A.No.5905 of 2022 is filed by the 3rd accused in Crime No.124 of
2022 of Cherpulassery Police Station, Palakkad registered alleging
commission of offences punishable under Sections 341, 323, 324, 326
and 308 read with Section 34 of the Indian Penal Code.
3. The crux of the allegation is that the applicants along with
other accused persons in furtherance of their animosity against the
defacto complainant with regard to riding of bike on 12.03.2022 at
around 20.30 hours wrongfully restrained the defacto complainant and
his brother and caused fracture on the finger of the brother of the
defacto complainant using a weapon similar to a sword and steel pipe.
Thus the petitioners have committed the aforesaid offences.
4. Petitioners submit that they have been falsely implicated
in the abovesaid crime to wreck vengeance of previous animosity.
Learned counsel for the petitioners submitted that the petitioners have
no other criminal antecedents and that they are ready and willing to
co-operate with the investigation.
5. Learned Public Prosecutor upon instructions submitted
that the defacto complainant and his brother were attacked by the
petitioners and they sustained serious injuries including fracture of
finger of the brother of the defacto complainant. Learned Public
Prosecutor upon instructions submitted that the petitioners have no
other criminal antecedents.
Considering the facts and circumstances of the case and
the nature of the allegations, I am inclined to grant anticipatory bail to
the petitioners granting a limited custody for the purpose of
investigation. In the result, the applications are allowed. The
petitioners shall surrender before the Investigating Officer in Crime
No.124 of 2022 of Cherpulassery Police Station, Palakkad on
20.01.2023 and shall make themselves available for interrogation on
that day or on any other day/days between 9.00 a.m. and 6.00 p.m. as
directed by the investigating officer. The petitioners shall co-operate
with the investigation. In the event of the arrest of the petitioners in
Crime No.124 of 2022 of Cherpulassery Police Station, Palakkad, they
shall be produced before the jurisdictional court on the very same day
and shall be released on bail subject to the following conditions.
(i) The 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) They shall appear before the investigating officer in Crime
No.124 of 2022 of Cherpulassery Police Station, Palakkad as
when required by the investigating officer.
(iii) They shall not attempt to influence the defacto complainant
or interfere with the investigation or to influence or intimidate
any witness in Crime No.124 of 2022 of Cherpulassery Police
Station, Palakkad.
(iv) They shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating
officer in Crime No.124 of 2022 of Cherpulassery Police Station,
Palakkad may file an application before the jurisdictional Court, for
cancellation of bail.
It is made clear that it is within the power of the police to
investigate the matter and if necessary to effect recoveries on the
information if any given by the petitioners even when any of the
petitioner is on bail as per the judgment of the Apex Court in Sushila
Aggarwal and others v. State (NCT of Delhi) and another (2020 (1)
KHC 663).
Sd/-
VIJU ABRAHAM
JUDGE
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