A Single Bench of the Kerala High Court, comprising Justice K. Haripal in the case of Sulaiman v. State of Kerala dismissed a bail petition and observed that if the petitioner who was accused of hitting two policemen will be released on bail, then it is possible that he can repeat the same act in the future.
The Bench expressed that,
“If petitioner released on bail, having regard to the antecedents, he is likely to repeat similar act. Therefore, the application is dismissed.”
Factual Background
Petitioner is the sole accused in the FIR registered in Marayur Police Station, which was registered alleging offence punishable under Sections 341, 294(b), 324, 332 and 307 of the Indian Penal Code.
The incident had happened on 01.06.2021 at 10.30.A.M., within Marayur Police Station limits. Petitioner was arrested on 01.06.2021; now he seeks his release on bail.
Submission of the Petitioner
The Counsel on the behalf of the Petitioner has submitted that the petitioner is entitled to get the benefit of Section 84 of the Indian Penal Code, that he is a person undergoing treatment for bipolar disease, that day he was allegedly found in the public place without wearing a mask and for that reason, the police manhandled him.
Submission of the Respondent
The Counsel on the behalf of the Respondent has submitted that the petitioner on being questioned about his public appearance without wearing a mask in violation of the covid protocol, unleashed an attack against the police party, attacked and injured a Civil Police Officer with a stone, causing him severe injuries on his head. He also caused injuries to another police official.
He is also involved in a forest offence and therefore, he may not be released on bail, if released that would be a threat to the peace and tranquility of the area.
Court Reasoning & Judgment
The Court considered all the facts submitted by the Petitioner and the Respondent. The Bench was of the opinion that having regard to the nature of the offence and character of the offender, I do not think that the petitioner can be released on bail at this stage.
The Bench further held that,
“when questioned about his public appearance without following covid protocol, he was attacking policemen on duty. One police officer sustained very serious injuries in the incident. If released on bail, having regard to the antecedents, he is likely to repeat a similar act.”
The Court posted dismissed the bail application and ask the Superintendent of the Jail to extend necessary medical assistance to him if required.
Case Details
Case:- BAIL APPL. NO. 4975 OF 2021
Petitioner:- SULAIMAN
Respondent:- STATE OF KERALA
Counsel for Petitioner: - N.K.SHYJU
Counsel for Respondent: - PUBLIC PROSECUTOR
Judge: JUSTICE K.HARIPAL
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