Kerala High Court
Bail Appl./9475/2019 of MOHAMMED RAFI Vs THE 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.9467 OF 2019 AGAINST THE ORDER/JUDGMENT IN CRMC 1388/2019 DATED 20-12-2019 OF DISTRICT COURT& SESSIONS COURT,MANJERI CRIME NO.304/2019 OF
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.9467 OF 2019
AGAINST THE ORDER/JUDGMENT IN CRMC 1388/2019 DATED 20-12-2019 OF DISTRICT COURT&SESSIONS COURT,MANJERI
CRIME NO.304/2019 OF Areacode Police Station , Malappuram PETITIONER/S:
1SADHIKHALI P.AGED 29 YEARSS/O.ABDULLA, KAITHAYIL HOUSE, NEAR GOVT ITI AREEKODE, UGRAPURAM.P.O., MALAPPURAM DISTRICT-673639
2NAVAS.T.P.AGED 35 YEARSS/O.ALI HAJEE, THANIPPATTA HOUSE, NEAR GOVT ITI AREEKODE, UGRAPURAM.P.O, MALAPPURAM DISTRICT-673639
3RASHIKAGED 18 YEARSS/O.MOHAMMED ABDURAHIMAN, ANAPRACHALIL HOUSE, VAKALLOOR.P.O., MALAPPURAM DISTRICT-673639
4NOUFAL.MAGED 33 YEARSS/O.SAIDALAVI, MANNENGAL HOUSE, NEAR GOVT ITI AREEKODE, UGRAPURAM.P.O., MALAPPURAM DISTRICT-673639
5RASHEEDAGED 32 YEARSS/O.SAIDALAVI, KOZHISSERI HOUSE, NEAR GOVT ITI AREEKODE, UGRAPURAM.P.O., MALAPPURAM DISTRICT-673639
6SUHAILAGED 27 YEARSS/O.ABOOBACKER, SUHAIL MANZIL, POOKOTTUCHOLA, NEAR GOVT ITI AREEKODE, UGRAPURAM.P.O, MALAPPURAM DISTRICT-673639
7SHIHABAGED 35 YEARSS/O.SAIDALAVI, KOZHISSERI HOUSE, NEAR GOVT ITI AREEKODE, UGRAPURAM.P.O., MALAPPURAM DISTRICT-673639
8MASHOODAGED 24 YEARSS/O.MOHAMMED, VELLERI HOUSE, NEAR GOVT ITI AREEKODE, UGRAPURAM.P.O., MALAPPURAM DISTRICT-673639
9BASHEER CHOTHYATHALAAGED 35 YEARSAGED 35 YEARS
S/O.AHMED KUTTY, KOZHISSERI KONDU HOUSE, NEAR GOVT ITI AREEKODE, UGRAPURAM.P.O., MALAPPURAM DISTRICT-673639
10JABIR
AGED 30 YEARSS/O.SAIDALAVI, KOZHISSERI HOUSE, NEAR GOVT ITIR AREEKODE, UGRAPURAM,.P.O., MALAPPURAM DISTRICT-673639
BY ADVS.SRI.K.M.FIROZSMT.M.SHAJNA
SRI.P.C.MUHAMMED NOUSHIQ
RESPONDENT/S:
1STATE OF KERALAREPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031
2THE STATION HOSUE OFFICERAREEKODE POLICE STATION, MALAPPURAM DISTRICT-676121AREEKODE POLICE STATION, MALAPPURAM DISTRICT-676121
SMT.SREEJA.V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.12.2019,ALONG WITH Bail Appl..9475/2019, THE COURT ON THE SAME DAY PASSED THEFOLLOWING:
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.9475 OF 2019
AGAINST THE ORDER/JUDGMENT IN CRMC 1388/2019 OF DISTRICT COURT& SESSIONSCOURT,MANJERI
CRIME NO.304/2019 OF Areecode Police Station , Malappuram PETITIONER/S:
MOHAMMED RAFIAGED 28 YEARSS/O. NAFEESA, KAITHAYIL HOUSE, NEAR GOVT ITI AREEKODE, UGRAPURAM P.O. MALAPPURAM DISTRICT 673 639.
BY ADVS.SRI.JACOB E SIMONSRI.K.M.FIROZSMT.M.SHAJNASRI.P.C.MUHAMMED NOUSHIQ
RESPONDENT/S:
1THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.KERALA, ERNAKULAM 682 031.
2THE STATION HOUSE OFFICER,AREEKODE, AREEKODE POLICE STATION, MALAPPURAM DISTRICT 676 121.AREEKODE, AREEKODE POLICE STATION, MALAPPURAM DISTRICT 676 121.
SMT.SREEJA.V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.12.2019,ALONG WITH Bail Appl..9467/2019, THE COURT ON THE SAME DAY PASSED THEFOLLOWING:
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COMMON ORDER
[ Bail Appl.9467/2019, Bail Appl.9475/2019 ]
Dated this the 31st day of December 2019
Petitioners in B.A No.9467 of 2019 are accused 1 to 5 and 7to 11, the petitioner in B.A No.9475 of 2019 is the 6[th] accused inCrime No.304 of 2019 of Areekode Police Station, for havingallegedly committed the offences punishable under Section143, 147, 148, 353, 332 read with 149 of Indian Penal Code. It ispointed out that there was yet another crime against some ofthe petitioners as Crime No.305 of 2019 at the same PoliceStation, for having allegedly inflicted injuries and for havingcommitted offences punishable under Section 143, 147, 148,341, 323, 324, 308 read with Section 149 of Indian penal code.
2. Consequent to an election in the Government ITI, atAreekode, there was a conflict between the two groups ofstudents and supporters. Which turned nasty, which resulted in registering of Crime No.305 of 2019. The police intervenedand asked the petitioners to evacuate. The 6[th] accusedallegedly threw a stone at the police, causing injury to one ofthe police men. He was hospitalized. Thereby, the petitioners,committed the offences. It is pointed out that the 1[st] petitioneris an Advocate practicing in Manjeri Bar, and that he washimself very seriously injured due to police assault, as isevident from the photograph produced as Annexure A4. Thepetitioners would contend that it is out of political rivalry thatthe two cases happened to be registered. That apart from thesole incident of allegedly throwing of stone by the 6[th] accused,there is no other specific allegation of attacking the PoliceAuthorities by the accused interfering with theiradministration of justice. The petitioners admittedly do nothave any criminal antecedents. The injury allegedly sustainedby the Police Officer is not life threatening, even though he hasbeen treated in a Government hospital. There is nothing to be recovered and custodial interrogation of the petitioners, doesnot appear to be essential for the investigation. There is alsono apprehension that the petitioners may abscond becausetheir whereabouts and residences are known to theInvestigating Officer and there is no reason to why they shouldabscond.
3. Under the circumstances, I do not find it necessaryto incarcerate the petitioners for any reason. They are,therefore, entitled for anticipatory bail.
In the event of their arrest, they shall be released on bailon execution of bond for Rs.50,000/- (Rupees Fifty thousandonly) each with two solvent sureties each for the like amountfor the satisfaction of the Investigating Officer and also acondition that they shall appear before the InvestigatingOfficer for facilitating the investigation and for interrogation,on every Monday between 9 a.m and 12 noon, till furtherorders or till filing of the final report, whichever is earlier.
They shall not get involved in any other similar offences. Theyshall not intimidate or influence witnesses.
In case of violation of any of the conditions, thepetitioners are at liberty to apply for cancellation of the bailbefore the jurisdictional Magistrate.
JS
Sd/-
ASHOK MENON
JUDGE
APPENDIX OF B.A NO.9467 OF 2019
PETITIONER'S/S EXHIBITS:
ANNEXURE A1
TRUE COPY OF THE FIR IN CRIME NO.304 OF2019 OF AREEKODE POLICE STATION, MALAPPURAM DISTRICT
ANNEXURE A2TRUE COPY OF THE FIRST INFORMATION STATEMENT IN THE CRIME NO.304 OF 2019 OF AREEKODE POLICE STATION, MALAPPURAM DISTRICTSTATEMENT IN THE CRIME NO.304 OF 2019 OF AREEKODE POLICE STATION, MALAPPURAM DISTRICT
ANNEXURE A3TRUE COPY OF THE CASUALTY TICKET ISSUEDBY THE MEDICAL COLLEGE, MANJERI TO THE 1ST PETITIONER'SBY THE MEDICAL COLLEGE, MANJERI TO THE 1ST PETITIONER'S
ANNEXURE A4TRUE COPY OF THE PHOTOGRAPHS SHOWING THE INJURY SUSTAINED BY THE 1ST PETITIONERTHE INJURY SUSTAINED BY THE 1ST PETITIONER
`
ANNEXURE A5CERTIFIED COPY OF THE ORDER IN CRL.M.C NO.1388 OF 2019 DATED 20.12.2019 PASSEDBY THE SESSIONS COURT, MANJERI.NO.1388 OF 2019 DATED 20.12.2019 PASSEDBY THE SESSIONS COURT, MANJERI.
ANNEXURE A6CITIZEN COPY OF THE FIRST INFORMATION REPORT IN THE CRIME NO 305 OF 2019 OF AREEKODE POLICE STATION, MALAPPURAM DISTRICTREPORT IN THE CRIME NO 305 OF 2019 OF AREEKODE POLICE STATION, MALAPPURAM DISTRICT
ANNEXURE A7TRUE COPY OF THE ORDER IN CRL.M.C NO.1387 OF 2019 DATED 20.12.2019 PASSEDBY THE SESSIONS COURT, MANJERI.NO.1387 OF 2019 DATED 20.12.2019 PASSEDBY THE SESSIONS COURT, MANJERI.
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APPENDIX OF B.A NO.9475 OF 2019
PETITIONER'S/S EXHIBITS:
ANNEXURE A1
TRUE COPY OF THE CRL.M.C NO.1388 OF 2019DATED 20.12.2019 PASSED BY THE SESSIONS COURT, MANJERI.