Kerala High Court
Bail Appl./6690/2021 of MUHAMMED FAISAL, 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. 6690 OF 2021 CRIME NO.686/2021 OF Thirurangadi Police Station, Malappuram PETITIONER/ACCUSED 1 AND 2: 1 MUHAMMED FAISAL, AGED 30 YEARS S/O.
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, 1943
BAIL APPL. NO. 6690 OF 2021
CRIME NO.686/2021 OF Thirurangadi Police Station, MalappuramPETITIONER/ACCUSED 1 AND 2:
1MUHAMMED FAISAL,AGED 30 YEARSS/O. ISMAYIL, PARIPARAMBATH, PATHINARUNGAL, TIRURANGADI, MALAPPURAM-676306.2MUHAMMED FAVAS V.P.,AGED 32 YEARSS/O. SAIDALAVI, VALYAPEEDIYEKKAL, PANTHARANGADI, TIRURANGADI, MALAPPURAM-676306.BY ADV PRAVEEN K. JOY
RESPONDENT/STATE:
1STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,REPRESENTING THE STATION HOUSE OFFICER, TIRURANGADI POLICE STATION, MALAPPURAM.2ADDL. R2. MUHAMMED ASHRAF. PS/O ABOOBACKER. P, RESIDING AT PANANCHERYCHINAYIL HOUSE, MAMBURAM P. O, TIRURANGADI, MALAPPURAM-676306(IS IMPLEADED AS PER ORDER DATED 15.09.2021 IN CRL. MA NO. 1/2021 IN BA NO. 6690/2021)3ADDL. R3. MOHAMED SHAFEEQ. MS/O MOHAMMEDKUTTY HAJI, RESIDING AT MANDARI HOUSE, PANTHARANGADI, TIRURANGADI, MALAPPURAM-676306(IS IMPLEADED AS PER ORDER DATED 15.09.2021 IN CRL. MA NO. 1/2021 IN BA NO. 6690/2021)BY ADVS.RAJAN VISHNURAJV.HARISH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON31.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
This is an application filed u/s 438 of Code of CriminalProcedure seeking pre-arrest bail.
2. The petitioners are the accused Nos 1 and 2 in CrimeNo.686/2021 of Tirurangadi Police Station. The offences allegedare under Sections 341, 324, r/w Section 34 of IPC
3. The prosecution case in short is that on 01.08.2021 atabout 09.00 p.m the accused with previous enmity assaulted thede-facto complainant with deadly weapons like iron rod, swordetc with an intention to kill them and there by committed theoffences.
4. The injured got themselves impleaded as respondentNos.2 and 3. Heard both sides and perused the case diary.
5. The learned counsel for the petitioners submitted thatthe petitioners are absolutely innocent and they have beenfalsely implicated in the present case. He further submitted thatthere are no materials to connect the petitioners with thealleged crime and hence they are entitled to get bail. Thelearned 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 petitionersare released on bail at this stage, it would affect the course ofinvestigation.
6. The case records would show that initially the casewas registered under Section 341, 323, r/w 34 of IPC.Subsequently, Section 308 of IPC was added. No serious injuryis sustained by the respondent No. 2 and 3. There is countercase as Crime No.832/2021 of Tirurangadi Police Station.Considering the allegations levelled against the petitioners, thecustodial interrogation of the petitioners does not appear to benecessary. For all these reasons, the petitioners are entitled topre-arrest bail on conditions.
In the result, the application is allowed on the followingconditions:-
(i) The petitioners shall be released on bail in the eventof their arrest on executing a bond for Rs. 1,00,000/- (RupeesOne lakh only) each with two solvent sureties for the like sumeach to the satisfaction of the arresting officer/investigatingofficer, as the case may be.
(ii) The petitioners shall fully co-operate with the investigation, including subjecting themselves to the deemedpolice custody for the purpose of discovery, if any, as and whendemanded.
(iii) The petitioners shall appear before the investigatingofficer between 10.00 a.m and 11.00 a.m on every Saturdayuntil further orders. The petitioners shall also appear before theinvestigating officer as and when required by him.
(iv) The petitioners shall not commit any offence of likenature while on bail.
(v) The petitioners shall not make any attempt to contactany of the prosecution witnesses, directly or through any otherperson, or any other way try to tamper with the evidence orinfluence any witnesses or other persons related to theinvestigation.
(vi) The petitioners shall not leave State of Keralawithout the permission of the trial Court.
Sd/-
rpk
DR. KAUSER EDAPPAGATHJUDGE