Kerala High Court
Sharafudheen vs State Of Kerala on 10 October, 2024
Author: C.S.Dias
Bench: C.S.Dias
2024:KER:75196
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
BAIL APPL. NO. 6869 OF 2024
CRIME NO.267/2016 OF MANKADA POLICE STATION, Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.500 OF 2018
OF ADDITIONAL DISTRICT COURT, MANJERI / I ADDITIONAL MACT,
MANJERI
PETITIONER:
SHARAFUDHEEN,
AGED 37 YEARS
S/O HAMZA, NAYIKKATH HOUSE, KOOTTIL, SCHOOL PADI,
MANKADA, MALAPPURAM DISTRICT, PIN - 673632
BY ADVS.
P.MOHAMED SABAH
LIBIN STANLEY
SAIPOOJA
R.GAYATHRI
M.MAHIN HAMZA
ALWIN JOSEPH
BENSON AMBROSE
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER,
MANKADA POLICE STATION, MANKADA, MALAPPURAM
DISTRICT, PIN - 673632
SR.PP. SMT. PUSHPALATHA M.K.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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BAIL APPL. NO. 6869 OF 2024
2
Dated this the 10th day of October, 2024
ORDER
The application is filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS', for
short), by the second accused in Crime No.267/2016 of
the Mankada Police Station, Malappuram, which is
registered against eight accused persons for allegedly
committing the offences punishable under Sections
143, 147, 148, 449, 342, 323, 324 and 302 r/w Section
149 of the Indian Penal Code.
2. The petitioner was initially arrested and was
enlarged on bail by Annexure 1 order dated
09.09.2016, by the Court of Session, Manjeri (Trial
Court). Subsequently, as the petitioner got involved in
Crime Nos.133/2018, 44/2021, 562/2022 and 583/2022
all registered by the Mankada Police Station, the
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BAIL APPL. NO. 6869 OF 2024
Investigating Officer filed an application to cancel his
bail. By Annexure 2 order dated 26.7.2023, the Trial
Court cancelled Annexure 1 order. The petitioner
challenged Annexure 2 order before this Court, by
filing Crl.M.C. No.8546/2023. By Annexure 4 order
dated 24.11.2023, this Court confirmed Annexure 2
order, but directed the Trial Court to dispose of S.C.
No 500/2018 within one year from the date of receipt
of the order. Now, the petitioner desires to get
enlarged on bail.
3.Heard; Sri. P.Mohamed Sabah, the learned
counsel appearing for the petitioner and Smt.
Pushpalatha M.K,the learned Senior Public
Prosecutor.
4. The learned counsel for the petitioner
submitted that the petitioner is innocent of the
accusations levelled against him. The Investigating
Officer has deliberately got the petitioner implicated in
the four cases due to his animosity towards the
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BAIL APPL. NO. 6869 OF 2024
petitioner. Even though the bail granted to the
petitioner was cancelled by the Trial Court, and
Annexure 2 order being confirmed by this Court, the
petitioner has a right to get himself enlarged on bail.
The petitioner has been in judicial custody since
11.06.2024, the charge sheet has been filed and the
trial in the crime has commenced. The petitoner is not
certain about the time period that would be required to
dispose of the case. Hence, the petitioner may be
enlarged on bail.
5. The learned Public Prosecutor stoutly
opposed the application. The Investigating Officer has
filed a bail objection report, inter alia, contending that
the petitioner is a habitual offender, an anti-social
element and a known goonda of the Mankada Police
Station. He is an accused in 8 crimes, namely, Crime
Nos. 267/2016, 293/2015, 133/2018, 1/2022, 187/2022,
562/2022, 583/2022 and 7/2023. The petitioner is
included in the Rowdy history sheet and an
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externment order was passed against him under
Kerala Anti-Social Activities(Prevention) Act. It is on
considering the petitioner's post bail conduct, the Trial
Court cancelled Annexure 1 order by Annexure A2
order, which was confirmed by this Court as per
Annexure 4 order. If the petitioner is enlarged on bail,
there is every likelihood of him intimidating the
witnesses and tampering with the evidence. As,
Annexure 4 order has become final, the petitioner
cannot aspire to get himself enlarged on bail. Hence,
the application may be dismissed.
6. The petitioner is the second accused in
Crime No.267/2016. By Annexure 1 order, the
petitioner was enlarged on bail on the specific
condition that he shall not get involved in any offence.
But, it is an undisputed fact that, subsequent to
Annexure 1 order, the petitioner is an accused in
Crime Nos.133/2018, 44/2021, 1/2022, 187/2022,
562/202 , 583/2022 and 7/2023. It was in the above
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background, due to the petitioner's post bail conduct,
the Trial Court passed Annexure 2 order. Although the
petitioner challenged Annexure 2 order, by Annexure 4
order, this Court declined to interfere with the same,
instead directed the Trial Court to dispose of S.C.
No.500/2018 within one year.
7. It is conceded by both sides that the trial in
the case has commenced. The Trial Court has been
granted time till 24.11.2024, to dispose of S.C.
No.500/2018.
8. The Trial Court and this Court passed
Annexures 2 and 3 orders following the exposition of
law by the Honourable Supreme Court in Doulat Ram
and Others v. State of Hariyana[1994 ICO 4306]
and P. v. The State of Madhya Pradesh and
another [2022 SCC Online SC 552]. As long as
Annexure 4 order is in force, the petitioner cannot
aspire to get himself enlarged on bail. Furthermore,
on considering the petitioner's criminal antecedents, I
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am not inclined to enlarge the petitioner on bail. The
application is meritless and is only to be dismissed.
Resultantly, the bail application is dismissed.
SD/-
C.S.DIAS, JUDGE
rmm/10/10/2024
