Kerala High Court
Fazil vs State Of Kerala on 10 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
BAIL APPL. NO. 3750 OF 2024
CRIME NO.369/2024 OF FEROKE POLICE STATION, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED 27.04.2024 IN CRMC NO.678 OF 2024
OF DISTRICT COURT & SESSIONS COURT,KOZHIKODE
PETITIONERS/ACCUSED NOS.1 AND 2:
1 FAZIL
AGED 30 YEARS
S/O. MUHAMMED, MOOLATH HOUSE,
R.A ROAD,THIRUVALI, PATHIRIYAL,
MALAPPURAM DISTRICT, PIN - 676123
2 ARJUN RAVI
AGED 34 YEARS
S/O. RAVEENDRAN, SREESYLAM,
ITHILPARAMBA, DOWN HILL P.O,
MALAPPURAM DISTRICT, PIN - 676519
BY ADV K.ABOOBACKER SIDHEEQUE
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM DISTRICT, PIN - 682031
SRI. SANAL P RAJ - PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 3750 OF 2024
2
ORDER
This is an application seeking pre-arrest bail filed
under Section 438 of the Code of Criminal Procedure, 1973.
2. The petitioners are accused Nos. 1 and 2 in Crime
No. 369 of 2024 of Feroke Police Station, registered alleging
offences punishable under Sections 341, 323, 353, 294(b)
read with Section 34 of Indian Penal Code, 1860.
3. The prosecution case is that the de facto
complainant was the driver of KSRTC bus bearing
Registration No. KL-15-7794 and on 12.04.2024 at 1.10 p.m
when the bus reached at Ramanattukara, the accused who
were the driver and conductor of private bus bearing
Registration No. KL-10-BD-3526 stopped the said private
bus in front of the KSRTC bus and thereafter, uttered
obscene words against the de facto complainant and the
accused persons slapped the de facto complainant on his
face and thereby obstructed him from discharging his
duties as a public servant, and thereby committed the
offences as aforesaid.
BAIL APPL. NO. 3750 OF 2024
4. Heard the learned counsel for the petitioners and
the learned Public Prosecutor.
5. The learned counsel for the petitioners pointed
out that the petitioners are totally innocent and that it was
the driver of the KSRTC bus, who drove the bus in a
dangerous manner and attempted to hit on the private bus.
It is stated that the petitioners never had any intention to
restrain the de facto complainant from discharging his
public duty. It is also stated that there is no necessity for
any custodial interrogation in this case and that the
petitioners are ready to abide by any conditions that may
be imposed by this Court.
6. The learned Public Prosecutor has no serious
objection in granting pre-arrest bail to the petitioners,
subject to stringent conditions.
7. Considering the facts and circumstances of the
case, I find that there is no necessity for any custodial
interrogation and therefore, pre-arrest bail can be granted
to the petitioners subject to conditions.
In the result, this application is allowed on the
BAIL APPL. NO. 3750 OF 2024
following conditions:-
(i) The petitioners shall surrender before the
Investigating Officer within a period of two weeks from
today, for subjecting themselves for interrogation.
(ii) After interrogation, the petitioners shall be
released on bail on the very same day on executing a bond
for Rs.50,000/- (Rupees fifty thousand only) each with two
solvent sureties each for the like sum to the satisfaction of
the Investigation Officer.
(iii) The petitioners shall appear before the
investigating officer in Crime No. 369 of 2024 of Feroke
Police Station, on every Saturday at 11.00 a.m. till the final
report is filed.
(iv) The petitioners shall appear before the
Investigating Officer as and when required.
(v) The petitioners shall not attempt to influence the
defacto complainant or interfere with the investigation or to
influence or intimidate any witness in Crime No. 369 of
2024 of Feroke Police Station;
BAIL APPL. NO. 3750 OF 2024
(vi) The petitioners shall not involve in any other
crime while on bail.
If any of the above conditions are violated, the
Investigating Officer in Crime No. 369 of 2024 of Feroke
Police Station can file application before the jurisdictional
Court, for cancellation of bail.
Sd/-
JOHNSON JOHN
JUDGE
LU
BAIL APPL. NO. 3750 OF 2024
APPENDIX OF BAIL APPL. 3750/2024
PETITIONER ANNEXURES
Annexure-A1 A TRUE COPY OF THE ORDER DATED
27.04.2024 IN CRL.M.C NO. 678 OF 2024
OF THE COURT OF SESSION, KOZHIKODE
DIVISION.
