Kerala High Court
Ashraf vs State Of Kerala on 14 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 14TH DAY OF SEPTEMBER 2023 / 23TH BHADRA, 1945
BAIL APPL. NO. 7126 OF 2023
IN FIR 825/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS , KAYAMKULAM
CRIME NO.825/2023 OF KAYAMKULAM POLICE STATION, ALAPPUZHA
PETITIONERS/ACCUSED NOS. 4 TO 6.:
1 ANEES
AGED 38 YEARS, S/O ASHRAF,
MANNASHERIL THARAYIL, ERUVA MURI, PATHIYOOR VILLAGE,
PIN - 690 502.
2 HASEEB
AGED 36 YEARS, S/O KALAM,
CHIRAYIL PUTHEN VEEDU, ERUVA MURI,
PATHIYOOR VILLAGE, ALAPPUZHA, PIN - 690 502.
3 ANAS
AGED 36 YEARS, S/O ASHRAF,
MANNASHERIL THARAYIL, ERUVA MURI, PATHIYOOR VILLAGE,
PIN - 690 502.
BY ADV R.KISHORE (KALLUMTHAZHAM)
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682 031.
2 STATION HOUSE OFFICER
KAYAMKULAM POLICE STATION, KAYAMKULAM,
KOLLAM, PIN - 691 502.
BY ADV. G SUDHEER (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.09.2023, ALONG WITH Bail Appl..7125/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
B.A.Nos.7126 & 7125 of 2023 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 14TH DAY OF SEPTEMBER 2023 / 23TH BHADRA, 1945
BAIL APPL. NO. 7125 OF 2023
IN FIR 825/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS,
KAYAMKULAM
CRIME NO.825/2023 OF KAYAMKULAM POLICE STATION, ALAPPUZHA
PETITIONERS/ACCUSED NOS. 1 TO 3:
1 ASHRAF
AGED 61 YEARS, S/O EBRAHIM KUTTY,
MANNASHERIL THARAYIL, ERUVA MURI, PATHIYOOR
VILLAGE, PIN - 690 502.
2 ARIFA
AGED 53 YEARS, W/O ASHRAF,
MANNASHERIL THARAYIL, ERUVA MURI,
PATHIYOOR VILLAGE, PIN - 690 502.
3 HARIS
AGED 33 YEARS, S/O ASHRAF,
MANNASHERIL THARAYIL, ERUVA MURI,
PATHIYOOR VILLAGE, PIN - 690 502.
BY ADV R.KISHORE (KALLUMTHAZHAM)
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 STATION HOUSE OFFICER
KAYAMKULAM POLICE STATION, KAYAMKULAM,
KOLLAM, PIN - 691 502.
BY ADV. G SUDHEER (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.09.2023, ALONG WITH Bail Appl..7126/2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.7126 & 7125 of 2023 3
ORDER
[Bail Appl. Nos.7126 & 7125 of 2023]
These are applications for anticipatory bail.
2. Petitioners in these cases are the accused in Crime
No.825/2023 of Kayamkulam Police Station, Alappuzha
District, alleging commission of offences under Sections 427,
323, 324, 354, 341, 294(b) & Section 34 of the Indian Penal
Code.
3. The prosecution allegation is that the defacto
complainant and her relatives were attacked by the
petitioners in these cases when they went to the house of the
petitioners as a part of the matrimonial settlement. When
this matter is taken up for consideration today, the learned
Public Prosecutor submits that the 3rd petitioner in
B.A.No.7126/2023 is not an accused in Crime No.825/2023.
It is also submitted that the 2nd petitioner in
B.A.No.7126/2023 was already arrested.
4. The learned counsel appearing for the petitioners
in these cases submits that the defacto complainant is the
wife of the 3rd petitioner in B.A.No.7126/2023. It is
submitted that owing to matrimonial disputes between them,
the defacto complainant and their relatives along with some
others came to the house of the petitioners and brutally
attacked them. It is submitted that the wounds, if any, on
the body of the defacto complainant and others stated to
have been injured, can only be seen as an act of self defence
by the petitioners. It is submitted that many of the
petitioners have also suffered injuries. The learned counsel
also relies on the judgment of the Supreme Court in Ex.Ct.
Mahadev v. The Director General, Border Security
Force & others (judgment in Civil Appeal No.2606 of
2012), to contend that when a plea of self defence is raised,
the Court has to consider the preponderance of probabilities
to decide whether the act of the accused was an act of self
defence.
5. Heard the learned Public Prosecutor also.
6. Having heard the learned counsel for the
petitioners in these cases and the learned Public Prosecutor
and considering the fact that the 2nd petitioner in
B.A.No.7126/2023 has already been arrested and has been
released on bail by the jurisdictional Magistrate Court, I am
of the opinion that these bail applications can be disposed of
permitting the petitioners, who are accused in Crime
No.825/2023 of Kayamkulam Police Station, to surrender
before the Judicial Magistrate of the First Class,
Kayamkulam, and to seek bail from that Court. If the
petitioners surrender before that Court on or before
20-09-2023, any bail application that may be filed by them
shall be considered and disposed of by that Court on the
same day itself. The petitioners shall not be arrested in
connection with Crime No.825/2023 of Kayamkulam Police
Station, Alappuzha District, till the matter is considered by
the Magistrate Court as directed above.
Sd/-
GOPINATH P.
JUDGE
ats
