Saidali C.P vs State Of Kerala
2023 Latest Caselaw 11769 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
  THURSDAY, THE 16th DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                   BAIL APPL. NO. 9172 OF 2023
     CRIME NO.607/2023 OF Nattukal Police Station, Palakkad
PETITIONER

             SAIDALI C.P
             AGED 68 YEARS
             S/O.ITHEEMU, CHERIPURATH HOUSE, PUTHUMANA,
             PUTHUMANAKULAMBU, PALODE P.O, THACHANATTUKARA,
             PALAKKAD., PIN - 678583

             BY ADV NIREESH MATHEW

RESPONDENT

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




             SRI. M.,C. ASHI, PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No.9172 of 2023
                                    2


`                  MOHAMMED NIAS C.P, J.
                ---------------------------------------------
                   B.A. No.9172 of 2023
          ------------------------------------------------------
         Dated this the 16th day of November, 2023


                             ORDER

Apprehending arrest in Crime No.607 of 2023 of Nattukal

police station registered for offences under Sections 342, 323,

304 read with Section 34 of IPC, the 3 rd accused/petitioner has

filed this petition seeking pre-arrest bail.

2. The prosecution allegation is that on 04.10.2023 at

about 11.45 a.m, in the aftermath of a verbal altercation between

the defacto complainant, his brother and the accused Nos.1 to 3

in connection with re-survey of their properties, the 1st accused

pushed the defacto complainant and when the defacto

complainant's brother intervened, accused Nos.1 to 3 beat him

on different parts of his body and when he felt heart pain, the

accused persons obstructed the defacto complainant from taking

his brother to the hospital which resulted in his death. Thus, the

petitioner along with the other accused has committed the

aforesaid offences.

B.A. No.9172 of 2023

3. The learned counsel appearing for the petitioner and the

learned Public Prosecutor were heard.

4. After hearing the learned counsel for the petitioner and

the learned Public Prosecutor, it cannot be said that the offences

alleged are not attracted in the case. Considering the allegations

raised against the petitioner of having committed offence under

Section 304 of IPC, I am of the view that the petitioner is not

entitled to get anticipatory bail as it will adversely affect a proper

investigation.

5. Therefore, the following directions are issued:-

In the event the petitioner surrenders before the Investigating

Officer in two weeks, he shall be interrogated and thereafter,

shall be produced before the Magistrate having jurisdiction on

the date of surrender itself. If the petitioner moves for bail, the

court below shall, untrammelled by any of the observations in

this order, consider the bail application on merits, as

expeditiously as possible. If the petitioner does not surrender

before the Investigating Officer, as directed above, the

Investigating Officer will be free to arrest the petitioner as if no

order has been passed in this case.

B.A. No.9172 of 2023

The bail application is disposed of as above.

Sd/-

MOHAMMED NIAS C.P

smm JUDGE B.A. No.9172 of 2023

APPENDIX OF BAIL APPL. 9172/2023

PETITIONER ANNEXURES TRUE PHOTOCOPY OF THE FIR IN CRIME NO.607/2023 OF NATTUKAL POLICE Annexure 1 STATION, PALAKKAD DISTRICT DATED 04.10.2023 TRUE PHOTOCOPY OF THE JUDGMENT, THOMAS Annexure 2 VS. STATE OF KERALA REPORTED IN 1991 KHC 392 TRUE PHOTOCOPY OF THE MEDICAL CERTIFICATE DATED 10.10.2023 ISSUED Annexure 3 FROM MOTHER CARE HOSPITAL, MANNARKKAD, PALAKKAD, EVIDENCING THE MEDICAL CONDITION OF THE PETITIONER TRUE PHOTOCOPY OF THE MEDICAL CERTIFICATE ISSUED FROM MOTHER CARE Annexure 4 HOSPITAL, MANNARKKAD, PALAKKAD DATED 19.10.2023