Kerala High Court
Bail Appl./11525/2023 of AL AMEEN Vs STATE OF KERALA on 29 December 2023
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR FRIDAY, THE 29TH DAY OF DECEMBER 2023 / 8TH POUSHA, 1945 BAIL APPL. NO. 11525 OF 2023 CRIME NO.1115/2023 OF Kovalam Police Station, Thiruvananthapuram PETITIONER/ACCUSED: AL AMEEN, AGED 24 YEARS, S/O. MOIDEEN, V T
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
FRIDAY, THE 29[TH] DAY OF DECEMBER 2023 / 8TH POUSHA, 1945BAIL APPL. NO. 11525 OF 2023
CRIME NO.1115/2023 OF Kovalam Police Station, Thiruvananthapuram PETITIONER/ACCUSED:
AL AMEEN, AGED 24 YEARS,S/O. MOIDEEN, V T HOUSE, NEAR ANAPPARA JUNCTION, VITHURA VILLAGE, NEDUMANGAD, PIN – 695551.
BY ADV M.R.SARIN
RESPONDENT/STATE
STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031.BY ADV.SMT.T.V.NEEMA, SR.GP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON29.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
C.PRATHEEP KUMAR, J.
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Bail Application No.11525 of 2023
------------------------------------------ Dated this the 29[th] day of December, 2023
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ORDER
1. This is an application for regular bail filed under Section 439 Cr.P.C by the 1[st]accused involved in Crime No.1115 of 2023 of Kovalam Police Station. Theoffences alleged against the petitioner are under Sections 294(b), 323, 324 and326 r/w 34 of Indian Penal Code.accused involved in Crime No.1115 of 2023 of Kovalam Police Station. Theoffences alleged against the petitioner are under Sections 294(b), 323, 324 and326 r/w 34 of Indian Penal Code.
2. The Prosecution case is that on 29.10.2023 at about 10.30 p.m., due to theprevious enmity towards the de facto complainant, the petitioner along with the2[nd] accused abused the de facto complainant and one Anil, in front of thehouse at Kunnampara. The first accused, using a piece of hollow brick, hit thede facto complainant, resulting in serious injuries to his forehead and a fractureto his nose. It is also alleged that if the de facto complainant did not evade theblow directed towards his head, the same would have even resulted in causinghis death. The accused has been in custody since 30.10.2023.previous enmity towards the de facto complainant, the petitioner along with the2[nd] accused abused the de facto complainant and one Anil, in front of thehouse at Kunnampara. The first accused, using a piece of hollow brick, hit thede facto complainant, resulting in serious injuries to his forehead and a fractureto his nose. It is also alleged that if the de facto complainant did not evade theblow directed towards his head, the same would have even resulted in causinghis death. The accused has been in custody since 30.10.2023.
3. According to the learned counsel for the petitioner, this is a false case foistedagainst him and also that he isinnocent.against him and also that he isinnocent.
BAIL APPL. NO. 11525 OF 2023
4. On the other hand, the learned Public Prosecutor strongly opposed theapplication. However, it is submitted that there are no other cases against theapplication. However, it is submitted that there are no other cases against the petitioner. The 2[nd] accused has already been released on bail.
5. Considering the fact that the petitioner has been in custody since 30.10.2023and he has no criminal antecedents, I am inclined to allow this application,subject to the following conditions :-and he has no criminal antecedents, I am inclined to allow this application,subject to the following conditions :-
(i) The petitioner is released on bail on executing bond forRs.50,000/- (fifty thousand only) with two solvent sureties for thelike sum to the satisfaction of the Court below.
(ii) The petitioner shall report before the Investigating Officer onevery Tuesday between 10.00 am and 11.00 am till the finalreport is filed or till the end of January, 2024, whichever isearlier.
(iii) The petitioner shall co-operate with the investigation. Heshall not intimidate or influence the witnesses or tamper with theevidence.
Sd/- C.Pratheep Kumar
Judge
APPENDIX OF BAIL APPL. 11525/2023
PETITIONER ANNEXURES
ANNEXURE A1
THE TRUE COPY OF F.I.R IN CRIME NO. 1115/2023OF KOVALAM POLICE STATION
ANNEXURE A2
. THE TRUE COPY OF ORDER IN CRL. M.P NO. 4296/2023 BEFORE THE HON'BLE JUDICIAL FIRST-CLASS MAGISTRATE TEMPORARY COURT, NEYYATTINKARA DATED ON 02.11.2023
ANNEXURE A3
THE TRUE COPY OF ORDER IN BAIL APPLICATION NO10482/2023 DATED ON 15.12.2023