Kerala High Court
Bail Appl./7120/2021 of SHABEER Vs STATE OF KERALA on 31 December 2021
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 BAIL APPL. NO. 7120 OF 2021 CRIME NO.327/2021 OF Nilambur Police Station, Malappuram PETITIONERS/ACCUSED: 1 SHABEER, AGED 30 YEARS, SON OF MUHAMMED BASHEER,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943BAIL APPL. NO. 7120 OF 2021
CRIME NO.327/2021 OF Nilambur Police Station, Malappuram PETITIONERS/ACCUSED:
1SHABEER, AGED 30 YEARS, SON OF MUHAMMED BASHEER, KUNDUKULI HOUSE, CHANDAKKUNNU, NILAMBUR P.O, MALAPURAM., PIN - 676542KUNDUKULI HOUSE, CHANDAKKUNNU, NILAMBUR P.O, MALAPURAM., PIN - 676542
2MUHAMMED ANAS, AGED 29 YEARS, SON OF ALAVI, MANOLAN HOUSE, CHANDAKUNNU, NILAMBUR P.O, MALAPURAM.HOUSE, CHANDAKUNNU, NILAMBUR P.O, MALAPURAM.
3MUHAMMED SAFVAN, AGED 23 YEARS, SON OF MUHAMMDALI, PALANGADAN HOUSE, CHANDAKUNNU, NILAMBUR P.O, MALAPURAM.PALANGADAN HOUSE, CHANDAKUNNU, NILAMBUR P.O, MALAPURAM.
4MUHAMMED SHABEER, AGED 26 YEARS, MUHAMMEDALI, PALANGADAN HOUSE, CHANDAKUNNU, NILAMBUR P.O, MALAPURAM.
5MUHAMMED RASHIK, AGED 21 YEARS, MUHAMMEDALI, PALANGADANHOUSE, CHANDAKUNNU, NILAMBUR P.O, MALAPURAM.HOUSE, CHANDAKUNNU, NILAMBUR P.O, MALAPURAM.
BY ADV E.A.HARIS
RESPONDENT:
STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031COURT OF KERALA, ERNAKULAM, PIN - 682031
BY SRI. PRASANTH M.P PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON31.12.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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O R D E R
Dated this the 31
st day of December, 2021
This is an application filed u/s 438 of Code of Criminal Procedure seeking pre-arrest bail.
2. The petitioners are the accused Nos.1, 3, 5, 6 and 7 inCrime No.327/2021 of Nilambur Police Station. The offencesalleged are under Sections 143, 147, 148, 324 and 308 read withSection 149 of IPC.
3. The learned counsel for the petitioners submits that the accused Nos. 6 and 7 have already been arrested and hence theprayer as against them has become infructuous.
4. The prosecution case in short is that on 18.7.2021 at7 pm, the petitioners along with the remaining accused formedan unlawful assembly in prosecution of the common object of theassembly assaulted the de-facto complainant and his friends withweapon, with intention to commit murder and thereby committedthe offence.
5. Heard both sides.
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6. The learned counsel for the petitioners submitted that the they are absolutely innocent and they have been falselyimplicated in the present case. He further submitted that thereare no materials to connect the petitioners 1 to 3/accused Nos.1,3 and 5 with the alleged crime and hence they are entitled to getbail. The learned Public Prosecutor opposed the bail application.He contended that the alleged incident occurred as a part of theintentional criminal acts of the petitioners and if the petitioners 1to 3/accused Nos.1, 3 and 5 are released on bail at this stage, itwould affect the course of investigation.
7. A perusal of Annexure 2 order passed by the learnedMagistrate would show that the investigation is almost over. Thestatement of almost all the material witnesses were recorded.The said order would further show that the injury sustained bythe de-facto complainant is not serious in nature. There is onlylacerated wound and contusion. Considering the allegationslevelled against the petitioners, the custodial interrogation of thepetitioners does not appear to be necessary. For all thesereasons, the accused Nos. 1, 3 and 5/petitioners 1 to 3 are entitled to pre-arrest bail on conditions.
In the result, the application is allowed on the following conditions:-
(i) The petitioners 1 to 3/accused Nos.1, 3 and 5 shall bereleased on bail in the event of their arrest on executing a bondfor `1,00,000/- (Rupees One lakh only) each with two solventsureties for the like sum each to the satisfaction of the arrestingofficer/investigating officer, as the case may be.
The petitioners 1 to 3/accused Nos.1, 3 and 5 shall be
Conclusion
(ii) The petitioners 1 to 3/accused Nos.1, 3 and 5 shallfully co-operate with the investigation, including subjectingthemselves to the deemed police custody for the purpose ofdiscovery, if any, as and when demanded.
The petitioners 1 to 3/accused Nos.1, 3 and 5 shall
(iii) The petitioners 1 to 3/accused Nos.1, 3 and 5 shallappear before the investigating officer between 10.00 a.m and11.00 a.m on every Saturday until further orders. They shall alsoappear before the investigating officer as and when required byhim.
(iv) The petitioners 1 to 3/accused Nos.1, 3 and 5 shall notcommit any offence of like nature while on bail.
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(v) The petitioners 1 to 3/accused Nos.1, 3 and 5 shall not make any attempt to contact any of the prosecution witnesses,directly or through any other person, or any other way try totamper with the evidence or influence any witnesses or otherpersons related to the investigation.
(vi) The petitioners 1 to 3/accused Nos.1, 3 and 5 shall notleave State of Kerala without the permission of the trial Court.
The petitioners 1 to 3/accused Nos.1, 3 and 5 shall not Sd/- DR. KAUSER EDAPPAGATH
JUDGE
kp True copy
P.A. To Judge