Shamseer. P.A vs State Of Kerala
2023 Latest Caselaw 10270 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
                 BAIL APPL. NO. 6619 OF 2023
     AGAINST THE ORDER/JUDGMENT IN CRMC NO.1387/2023 OF
        JUDICIAL MAGISTRATE OF FIRST CLASS, MATTANNUR

       CRIME NO.646/2023 OF MATTANNUR POLICE STATION,
                       KANNUR DISTRICT)

PETITIONER/ACCUSED:
          SHAMSEER. P.A
          AGED 28 YEARS, S/O.ABDUL SALAM,
          EDAPALA HOUSE, CHEYINTADA P.O,
          CHEYINTADA, NARIYANTHADA,
          KODAGU DISTRICT,
          KARNATAKA, PIN - 571212

          BY ADVS.
          P.V.ANOOP
          PHIJO PRADEESH PHILIP
          ANTONY THOMAS
          ANJU R S.
RESPONDENT/COMPLAINANT:
          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682031

          SMT.NIMA JACOB, PP


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No.6619/2023
                                      ..2..


                   MOHAMMED NIAS C.P., J.
                    ---------------------
                         B.A.No. 6619/2023
            ---------------------------
                Dated this the 21st day of September, 2023

                            ORDER

This application is filed under Section 438 of the Code of Criminal

Procedure, seeking pre-arrest bail.

2. The petitioner is the accused in Crime 646/2023 of

Mattannur Police Station, Kannur District, for having allegedly

committed offences punishable under Sections 341, 323, 326 and 308 of

the Indian Penal Code.

3. The prosecution case is that, on 18.06.2023 at about 9.00

PM, from the house of the defacto complainant, because of the previous

grudge, the petitioner/accused, her own brother, assaulted the defacto

complainant on her hands and legs. lt is also alleged that the accused

wrongfully restrained her friend and assaulted him on his forehead with a

hammer. He sustained grievous hurt on the head. He had again attempted

to hit on the head, which was prevented by the father of the de facto

complainant. Otherwise, her friend would have sustained grievous hurt

and caused death, thereby committing the offence. B.A.No.6619/2023 ..3..

4. The learned counsel appearing for the petitioner and the

learned Public Prosecutor were heard.

5. The learned counsel for the petitioner had submitted that the

matter is settled whereupon, this Court directed the learned Public

Prosecutor to verify the veracity of the settlement. Today, when the matter

came up, the learned Public Prosecutor submitted that the matter has been

settled.

In the light of the above development, I am inclined to grant

anticipatory bail to the petitioner on the following conditions:-

(i) The petitioner is directed to surrender before the

Investigating Officer within a week from today, and on such surrender,

the Investigating Officer can interrogate the petitioner. In the event of his

arrest, the Investigating officer shall produce the petitioner before the

jurisdictional court on the date of surrender itself.

(ii) On such production, the jurisdictional court shall release the

petitioner on bail, on executing a bond for Rs.25,000/- (Rupees Twenty

five thousand only) by the petitioner and by two solvent sureties each for

the like sum to the satisfaction of the jurisdictional court.

(iii) The petitioner shall cooperate with the investigation and B.A.No.6619/2023 ..4..

make himself available for interrogation and investigation as and when

the Investigating Officer directs him to do so.

(iv) The petitioner shall not intimidate the witnesses or interfere

with the Investigation in any manner.

(v) The petitioner shall not be involved in any offence while on

bail.

(vi) If any of the above conditions are violated, the court

concerned will be empowered to take steps for cancellation of bail as per

law.

Sd/-

MOHAMMED NIAS C.P.

JUDGE APA B.A.No.6619/2023 ..5..

                   APPENDIX OF BAIL APPL. 6619/2023


PETITIONER ANNEXURES

Annexure A              THE CITIZEN COPY OF THE F.I.R IN CRIME
                        NO.   646/2023   OF  MATTANNUR   POLICE
                        STATION,    KANNUR    DISTRICT    DATED
                        18.06.2023
Annexure B              THE TRUE COPY OF THE AFFIDAVIT FILED
                        BY THE DEFACTO COMPLAINANT
Annexure C              AFFIDAVIT FILED BY MR. MUHAMMAD YASIR
Annexure D              THE TRUE COPY OF THE ORDER OF THE
                        SESSION     COURT,    THALASSERY     IN
                        CRL.MC.NO. 1387/2023