Kerala High Court
Moideenkutty P vs State Of Kerala on 16 October, 2023
BA 5021/2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
BAIL APPL. NO. 5021 OF 2023
CRIME NO. 179/2023 OF CHERPULASSERY POLICE STATION, PALAKKAD
PETITIONER/ACCUSED 8 TO 10 :
1 MOIDEENKUTTY P,
AGED 34 YEARS
S/O JAMAL, PARAKKATHODY, THOOTHA, VEETTIKKAD THEKKUMURI
P.O., PALAKKAD DISTRICT, PIN - 679506
2 UMMERALI,
AGED 24 YEARS
S/O YOUSAF, PULAKKAL, PADINJATTUMURI, THEKKUM MURI,
CHERPULASSERRY, PALAKKAD DISTRICT, PIN - 679506
3 AHMADUL KABEER M,
AGED 31 YEARS
S/O SAIDALAVI, MUTHUKUTTY HOUSE, VAZHENKADA P.O.,
PUNNAKUNNU, ALIPARAMBA, MALAPPURAM DISTRICT, PIN -
679357
BY ADVS.
ANAND KALYANAKRISHNAN
C.DHEERAJ RAJAN
S.RAJEEV
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA AT
ERNAKULAM- 682 031 ( CRIME NO. 179/2023 OF CHERPULASSERY
POLICE STATION, PALAKKAD DISTRICT), PIN - 682031
OTHER PRESENT:
SRI.P.G.MANU(MAMMALASSERY), SR.PP
BA 5021/2023 2
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.10.2023, THE COURT ON 16.10.2023 DELIVERED THE FOLLOWING:
BA 5021/2023 3
MOHAMMED NIAS C.P.J
..................................................
BA No.5021 of 2023
...........................................
Dated this the 16th day of October, 2023
ORDER
The Petitioners are apprehending arrest in connection with Crime No.
179/2023 of Cherpulassery Police Station, Palakkad District registered for the
offences punishable under Section 394 of the Indian Penal code. They are
arrayed as accused Nos. 8, 9 and 10 respectively in the above crime.
2. The prosecution case is stated as follows: On. 06.04.2023, at about
12.30 p.m, the accused, four in number, intercepted the defacto complainant
who was travelling in a motor cycle bearing Registration No. KL-51-J31 using
two bikes and committed robbery of his two mobile phones and his bike and
thereby alleged to have committed the offences.
3. The learned counsel for the petitioners Sri.S.Rajeev argues that there
were only four persons mentioned in the FIR and it was subsequently that the
petitioners were implicated. It is also pointed out that the first petitioner is a
Councillor of Cherpulassery Municipality and that on the basis of calls he
received, he cannot be implicated and thus prayed for anticipatory bail.
4. The learned Prosecutor opposing the application submits that it was
from the CCTV visuals and on the basis of the tower locations the presence of
the petitioners were noticed. He also submitted that the phones which were
the subject matter of the crime were destroyed following which Section 201
IPC was also added.
5. After considering the rival submissions, I am not inclined to grant
anticipatory bail to all the petitioners.
6. On account of the accusations, noted above, against petitioners 2 and
3, rejecting their request for anticipatory bail, there will be a direction to them
to surrender before the Investigating Officer within ten days from today and
they shall be interrogated and thereafter, shall be produced before the
Magistrate having jurisdiction on the date of surrender itself. If the petitioners
move 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 petitioners do not surrender before the Investigating Officer, as
directed above, the Investigating Officer will be free to arrest the petitioners 2
and 3 as if no order has been passed in this case.
7. As regards the first petitioner/8th accused, considering the fact that
he is a Councillor of a Municipality, and also the submission of the learned
counsel for the petitioners that being a Councillor he will get frequent calls and
also have to go to various places as part of his position, I am inclined grant
anticipatory bail to him alone, on the following conditions:-
i. The petitioner/8th accused shall appear before the Investigating Officer
within ten days from today and subject himself to interrogation.
ii. After interrogation, in the event of the Investigating Officer deciding to
arrest him, he shall be released on bail on executing a bond for a sum of
Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the
like sum to the satisfaction of the officer concerned.
iii.He shall appear before the Investigating Officer for interrogation as and
when directed.
iv. He shall also 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 to dissuade them from disclosing such
facts to the court or the police officer.
v. He shall not leave India without the permission of the jurisdictional court.
vi.He shall not commit any offence while on bail.
vii.He shall appear before the Investigating Officer every Monday till the final
report is filed.
viii.If any of the above conditions are violated by him, the jurisdictional court
is empowered to cancel the bail in accordance with law.
It is made clear that it is within the power of police to investigate the
matter and, if necessary, to effect recoveries on the information, if any,
given by him, even when he is on bail as per the judgment of the Apex
Court in Sushila Aggarwal and others v. State ( NCT of Delhi) and
another [2021 (1) KHC 663].
Sd/-
MOHAMMED NIAS C.P.
JUDGE
okb
APPENDIX OF BAIL APPL. 5021/2023
PETITIONER ANNEXURES
Annexure 1 THE TRUE COPY OF THE FIR IN CRIME NO.
179/2023 OF CHERPULASSERRY POLICE STATION,
PALAKKAD DISTRICT DATED 06.04.2023
Annexure2 THE TRUE COPY OF THE IDENTITY CARD ISSUED BY
CHERPULASSERRY MUNICIPALITY TO THE 1ST
PETITIONER
