Kerala High Court
Nahas @ Muhammed Nahas vs State Of Kerala on 30 October, 2024
Author: C.S.Dias
Bench: C.S.Dias
BAIL APPL. NO. 8125 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
BAIL APPL. NO. 8125 OF 2024
CRIME NO.1010/2024 OF Punnapra Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT DATED 26.09.2024 IN CRMC
NO.521 OF 2024 OF DISTRICT & SESSIONS COURT, ALAPPUZHA
PETITIONER/S:
NAHAS @ MUHAMMED NAHAS
AGED 23 YEARS
S/O. NAZAR K, PALLIVELYIL HOUSE, PUNMAPRA P O,
ALAPPUZHA, PIN - 688004
BY ADV MANU ROY
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER
PUNNAPRA POLICE STATION, ALAPPUZHA DISTRICT, PIN -
688004
SR.PP.SMT.PUSHPALATHA M.K.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 8125 OF 2024
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C.S.DIAS,J
--------------------------------------------
Bail Application No.8125 of 2024
---------------------------------------------
Dated this the 30th day of October, 2024
ORDER
The application is filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (in short,
'BNSS'), for an order of pre-arrest bail.
2. The petitioner is the 1st accused in Crime
No.1010/2024 of the Punnapra Police Station, Alappuzha,
which is registered against two accused persons for
allegedly committing the offences punishable under
Sections 296(b), 351(2) , 118(1) and 110 r/w Section 3(5)
of the Bharatiya Nyaya Sanhita, 2023 (in short, 'BNS').
3. The essence of the prosecution case is that: on
15.09.2024, at around 19:45 hours, the accused, in
furtherance of their common intention, had, wrongfully
restrained the defacto complainant and the 1 st accused hit
him with an iron pipe. It is only because the defacto
complainant warded off the attack, he did not lose his
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life. Thus, the accused have committed the above offences.
4. Heard; Sri.Manu Roy, the learned counsel
appearing for the petitioner and Smt.Pushpalatha M.K.,
the learned Senior Public Prosecutor.
5. The learned counsel for the petitioner submitted
that the petitioner is totally innocent of the accusations
leveled against him. There is no material to substantiate
the petitioner's culpability in the crime. The Investigating
Officer has deliberately incorporated Sections 118(1) and
110 of the BNS to see that the petitioner is arrested and
incarcerated. The petitioner has reliably learnt that the
defacto complainant has not suffered any injury so as to
attract the above offences. The petitioner is a law abiding
citizen without any criminal antecedents. The petitioner is
willing to co-operate with the investigation and abide by
any stringent condition that may be imposed by this Court.
Hence, the application may be allowed.
6. The learned Public Prosecutor opposed the
application. She submitted that the investigation is in
progress. She also stated that if the petitioner is enlarged
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on bail, there is every likelihood of him intimidating the
witnesses and tampering with the evidence. Hence, the
application may be dismissed.
7. The prosecution case is that, the petitioner had
wrongfully restrained the defacto complainant and
assaulted him with an iron pipe, and he suffered serious
injuries.
8. On an appreciation of the treatment records of
the defacto complaint dated 15.09.2024, issued by the
Government T.D Medical College Hospital, Alappuzha,
prima facie it is seen that the defacto complainant has only
suffered a lacerated wound on the rear side of his head.
The defacto complainant was discharged on the same day
itself. Nonetheless, these are matters to be investigated
and ultimately decided after trial.
9. On an anxious consideration of the facts, the
rival submissions made across the Bar and the materials
placed on record, and on prima facie comprehending that
the defacto complainant has not suffered any serious injury
as alleged by the prosecution that the petitioner does not
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have any criminal antecedents and the petitioner's
custodial interrogation is not necessary, I am convinced
and satisfied that the petitioner has made out valid
grounds to invoke the extra ordinary jurisdiction of this
Court under Section 482 of the BNSS.
In the result, the application is allowed subject to
the following conditions:
(i) The petitioner is directed to surrender before the
Investigating Officer within 10 days from today;
(ii) In the event of arrest of the petitioner, the
Investigating Officer shall release the petitioner on
bail on him executing a bond for Rs.1,00,000/-
(Rupees One lakh only) with two solvent sureties for
the like amount each;
(iii) The petitioner shall appear before the Investigating
Officer for interrogation, as and when directed by
the Investigating Officer;
(iv) The petitioner shall not directly or indirectly make
any inducement, threat or procure to any person
acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the court
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or to any Police Officer or tamper with the evidence
in any manner, whatsoever;
(v) The petitioner shall surrender his passport before
the jurisdictional court concerned within a period of
one week from the date of his release on bail. If he
has no passport, he shall file an affidavit to the effect
before said court within the said period;
(vi) The petitioner shall not get involved in any other
offence while on bail;
(vii) 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;
(viii) Applications for deletion/modification of the bail
conditions shall also be filed before the jurisdictional
court;
(ix) Needless to mention, it would be well within the
powers of the Investigating Officer to investigate the
matter and, if necessary, to effect recoveries on the
information, if any, given by the petitioner even while
the petitioner is on bail as laid down by the Hon'ble
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Supreme Court in Sushila Aggarwal v. State (NCT
of Delhi) And another [2020 (1) KHC 663];
(x) The observations made in this order are only for the
purpose of considering the application and the same
shall not be construed as an expression on the merits
of the case, which shall be decided by the competent
Courts.
Sd/-
C.S.DIAS, JUDGE
rkc/30.10.24
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APPENDIX OF BAIL APPL. 8125/2024
PETITIONER ANNEXURES
Annexure A1 A COPY OF ORDER DATED 26-09-2024 IN
CRL.M.C NO. 521/24 OF SESSION COURT,
ALAPPUZHA
