Kerala High Court
Mohammed B vs The Station House Officer on 3 January, 2024
Author: C.S.Dias
Bench: C.S.Dias
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Bail Application No. 11253 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 3RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945
BAIL APPL. NO. 11253 OF 2023
CRIME NO.1061/2023 OF Badiadukka Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT CMP 1407/2023 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II, KASARAGOD
PETITIONER/S:
MOHAMMED B
AGED 67 YEARS
S/O. ABBAS MUSLIYAR, BERMINADKA, BELA P. O.,
KASARAGOD, PIN - 671321
BY ADV ANN SUSAN GEORGE
RESPONDENT/S:
1 THE STATION HOUSE OFFICER
BADIADKA POLICE STATION, KASARAGOD, PIN - 671551
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
OTHER PRESENT:
Smt Neema T.V, SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Bail Application No. 11253 of 2023
C.S.DIAS,J
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Bail Application No. 11253 of 2023
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Dated this the 3rd day of January, 2024
ORDER
The application is filed under Section 439 of the
Code of Criminal Procedure, 1973, by the accused in
Crime No.1061/2023 of the Badiadukka Police Station,
Kasargod, registered against the petitioner alleging
commission of offences punishable under Secs.324,
294(b), 506(ii) 308 and 447 of the Indian Penal Code.
The petitioner was arrested on 5.12.2023.
Bail Application No. 11253 of 2023
2. The prosecution case, in brief, is that: On
4.12.2023, the petitioner trespassed into the property of
the defacto complainant and abused him in filthy
language and intimidated him and attempted to attack
his father and grandmother with a knife. When the
defacto complainant attempted to stop the petitioner
from attacking them, the petitioner waved the knife
towards the neck of the defacto complainant and caused
injuries to him. Thus, he has committed the above
offences.
3. Heard; Smt.Ann Susan George, the learned
counsel appearing for the petitioner and Smt.Neema T.V,
Bail Application No. 11253 of 2023
the learned Public Prosecutor appearing for the
respondents.
4. The learned counsel appearing for the petitioner
submitted that the petitioner is totally innocent of the
accusations levelled against him. He has been falsely
implicated in the crime. The petitioner is in custody
since 5.12.2023. Hence, he is entitled to bail.
5. The learned Public Prosecutor, on the contrary,
opposed the application. Nonetheless, she submitted that
final report has been filed on 5.12.2023 before the
jurisdictional Magistrate deleting the offence under
Sec.308 and incorporating Sec.326. She has made
Bail Application No. 11253 of 2023
available the wound certificate of the defacto
complainant.
6. On a perusal of the wound certificate, it can be
seen that the defacto complainant has suffered linear
incised wounds of the palmar aspect of the left thumb
and the ring finger. Nonetheless, it is admitted that the
investigation in the case is complete and the final report
has been filed.
7. On a cumulative appreciation of the facts and
circumstances of the case, particularly the fact that the
petitioner is in custody since 5.12.2023, that the
investigation in the case is complete and further
Bail Application No. 11253 of 2023
detention of the petitioner is unwarranted, I am of the
view that the petitioner is entitled to bail.
In the result, the application is allowed, by directing
the petitioner to be released on bail on him executing a
bond for Rs.1,00,000/- (Rupees One lakh only) with two
solvent sureties each for the like sum, to the satisfaction
of the court having jurisdiction, which shall be subject to
the following conditions:
(i) The petitioner shall appear before the
Investigating Officer as and when required;
(ii) The petitioner shall not directly or indirectly
make any inducement, threat or procure to any
Bail Application No. 11253 of 2023
person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the
court or to any Police Officer or tamper with the
evidence in any manner, whatsoever;
(iii) The petitioner shall not commit any offence
while he is on bail;
(iv) In case of violation of any of the conditions
mentioned above, the jurisdictional court shall be
empowered to consider the application for
cancellation of bail, if any filed, and pass orders
on the same, in accordance with law.
Bail Application No. 11253 of 2023
(v) Applications for deletion/modification of the
bail conditions shall also be filed and entertained
by the court below.
SD/-
sks/3.1.2024 C.S.DIAS, JUDGE
Bail Application No. 11253 of 2023
APPENDIX OF BAIL APPL. 11253/2023
PETITIONER ANNEXURES
Annexure.I THE FREE COPY OF THE ORDER DATED
12.12.2023. IN C. M. P. NO. 1407 / 2023 ON
THE FILES OF THE JUDICIAL FIRST CLASS
MAGISTRATE - II, KASARAGOD
