Kerala High Court
Bail Appl./9285/2019 of NABEESA, Vs STATE OF KERALA, on 31 December 2019
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941 Bail Appl..No.9285 OF 2019 AGAINST THE ORDER/JUDGMENT IN CRMC 2135/2019 OF DISTRICT COURT & SESSIONS COURT,THRISSUR CRIME NO.621/2019 OF Vadakkanchery Police
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941
Bail Appl..No.9285 OF 2019
AGAINST THE ORDER/JUDGMENT IN CRMC 2135/2019 OF DISTRICT COURT &SESSIONS COURT,THRISSUR
CRIME NO.621/2019 OF Vadakkanchery Police Station, Thrissur PETITIONERS/ACCUSED 1 & 2:
1NABEESA,AGED 55 YEARS, W/O.ABOOBACKER, KUNNATHPEEDIKAYIL HOUSE, THALAPILLY TALUK, THRISSUR.
2SAJAD,AGED 35 YEARS, S/O.NABEESA, KUNNATHPEEDIKAYIL HOUSE, THALAPILLY TALUK, THRISSUR.
BY ADVS.SRI.P.VIJAYA BHANU (SR.)SRI.P.M.RAFIQSRI.M.REVIKRISHNANSRI.V.C.SARATHSRI.VIPIN NARAYANSRI.AJEESH K.SASISMT.POOJA PANKAJSRUTHY N. BHAT
RESPONDENT/COMPLAINANT:
STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
OTHER PRESENT:
SMT.SREEJA.V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON31.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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O R D E R
Dated this the 31st day of December 2019
The petitioners are mother and son accused ofhaving committed the offences punishable under Sections447, 341, 324, 354, 308, 506(i) read with Section 34 ofthe I.P.C. in Crime No.621/2019 of Wadakkanchery PoliceStation. The allegations against the petitioners arethat on 04.11.2019 at about 9.00 a.m. the petitionersin furtherance of common intention trespassed into theproperty of the defacto complainant, wrongly restrainedher mother and the 2[nd] accused inflicted a blow on herhead with the handle of a spade, thereafter tore offher maxi outraging her modesty and also intimidated herwith threats of death. She was also beaten on variousparts of her body with a stick and had not she evadedthe blow inflicted by the 2[nd] accused towards her head,she would have succumbed to the injuries that may havesustained to her head and thereby he attempted tocommit culpable homicide not amounting to murder.
Anticipatory bail application filed before the SessionsCourt was dismissed vide Annexure A order on the groundthat the weapons have not been recovered yet.
2. The police authorities have not so far takenany steps for recovery of the weapons; nor to apprehendthe 2[nd] accused so far. All the overt-acts are actuallyattributed to the 2[nd] accused alone. There is no reasonwhy the 1[st] accused could not have been granted bail andtherefore the application as far as the 1[st] accused isconcerned is allowed.
3. The 2[nd] accused is directed to surrender beforethe investigating officer within a period of ten daysand in the event of his arrest and also the arrest ofthe 1[st] accused, they shall be released on bail onexecution of Rs.50,000/- (Rupees Fifty thousand only)each with two solvent suretieseach for the like sumto the satisfaction of the investigating officer.
4. On the 2[nd] accused being arrested, steps regarding recovery and interrogation shall be completedas expeditiously as possible. The petitioners shallnot intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence. They shall not get involved in similar offences during thecurrency of the bail period.
In the event of the petitioners violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before thejurisdictional Court.
dkr
Sd/-
ASHOK MENON
JUDGE
PETITIONER'S/S EXHIBITS:
APPENDIX
ANNEXURE A
COPY OF THE ORDER DATED 11.12.2019 INCRL.M.C.NO.2135/2019 OF THE COURT OFSESSIONS, THRISSUR.