Kerala High Court
Bail Appl./8790/2019 of SHIBU K.K. 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.8790 OF 2019 CRIME NO.728/2019 OF Chavakkad Police Station , Thrissur PETITIONERS/ACCUSED: 1 SHIBU K.K. AGED 35 YEARS S/O.KANHA, KANNANATHU HOUSE,
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.8790 OF 2019
CRIME NO.728/2019 OF Chavakkad Police Station , Thrissur PETITIONERS/ACCUSED:
8SHAHUL HAMEED,AGED 34 YEARSS/O.HUSSAIN, PUTHUVEETTIL HOUSE, THIRUVATHRA, CHAVAKKAD TALUK, THRISSUR DISTRICT.AGED 34 YEARSS/O.HUSSAIN, PUTHUVEETTIL HOUSE, THIRUVATHRA, CHAVAKKAD TALUK, THRISSUR DISTRICT.
9FAISAL.M.P.,AGED 36 YEARSS/O.ABU , MIKKILA PEEDIKAYIL HOUSE, EDAKAZHIYUR, VALANKALLU, CHAVAKKAD TALUK, THRISSUR DISTRICT.AGED 36 YEARSS/O.ABU , MIKKILA PEEDIKAYIL HOUSE, EDAKAZHIYUR, VALANKALLU, CHAVAKKAD TALUK, THRISSUR DISTRICT.
S/O.ABU , MIKKILA PEEDIKAYIL HOUSE, EDAKAZHIYUR, 10THABSHEER.M.A.,AGED 34 YEARSS/O.ABDU RAHMAN, MAZHUVANCHERY HOUSE, BABY ROAD, MANNANTHALA, CHAVAKKAD TALUK, THRISSUR DISTRICT.AGED 34 YEARSS/O.ABDU RAHMAN, MAZHUVANCHERY HOUSE, BABY ROAD, MANNANTHALA, CHAVAKKAD TALUK, THRISSUR DISTRICT.
11ABBAS,AGED 34 YEARSS/O.SULAIMAN, THAZHATHU HOUSE, THIRUVATHRA, CHAVAKKAD TALUK, THRISSUR DISTRICT.
12M.S.SIVADAS,
AGED 36 YEARSS/O.SUBRAMANYAN, MATHRAKOT HOUSE, THIRUVATHRA, CHAVAKKAD TALUK, THRISSUR DISTRICT.S/O.SUBRAMANYAN, MATHRAKOT HOUSE, THIRUVATHRA, CHAVAKKAD TALUK, THRISSUR DISTRICT.
13C.A.GOPAPRATHAPAN,AGED 46 YEARSS/O.APPU, CHOZHIDAKATHU HOUSE, THIRUVATHRA, CHAVAKKAD TALUK, THRISSUR DISTRICT.AGED 46 YEARSS/O.APPU, CHOZHIDAKATHU HOUSE, THIRUVATHRA, CHAVAKKAD TALUK, THRISSUR DISTRICT.
14NOWFAL.H.M.,AGED 35 YEARSAGED 35 YEARS
S/O.ABDULLAKKUTTY, HAJIYARAKKATHU HOUSE, THIRUVATHRA, CHAVAKKAD TALUK, THRISSUR DISTRICT.
15SHAMIL.K.V.,AGED 29 YEARSAGED 29 YEARS
S/O.BASHEER, KARUPPAMVEETTIL HOUSE, CHAVAKKAD TALUK, THRISSUR DISTRICT.
16HASEEB,AGED 29 YEARSAGED 29 YEARS
S/O.KUNJUMOHAMMED, PARATTU VEETTIL HOUSE, CHAVAKKADTALUK, THRISSUR DISTRICT.TALUK, THRISSUR DISTRICT.
17TIPU SULTHAN,AGED 50 YEARSCHAVAKKAD TALUK, THRISSUR DISTRICT.AGED 50 YEARSCHAVAKKAD TALUK, THRISSUR DISTRICT.
S/O.ABDUPPA HAJI, MOOPADAYIL HOUSE, ATTUPURAM, 18T.ABDUL KHADER,AGED 59 YEARS
S/O.MOIDUTH, THALIKASSERY HOUSE, CHEMMANNOOR P.O., PUNNAYURKULAM, CHAVAKKAD TALUK, THRISSUR DISTRICT.
19STEEPHEN.K.S.,
AGED 23 YEARS
S/O.SUNNY.K.C., KOLLANOOR HOUSE, KAVEED, CHAVAKKAD
TALUK, THRISSUR DISTRICT.
20NAVEEN.M.R.,
AGED 27 YEARS
S/O.RAVINDRAN, MUNDAN HOUSE, P.O.BALANGAD, CHAVAKKAD TALUK, THRISSUR DISTRICT.
21K.D.VEERAMANI,AGED 50 YEARSAGED 50 YEARS
S/O.K.S.DASAN, KIZHAKKAKATHU HOUSE, P.O.BALANGAD, CHAVAKKAD TALUK, THRISSUR DISTRICT.
22C.MUSTHAKALI,
AGED 45 YEARS
S/O.ABOOBACKER, CHALIL HOUSE, BLANGAD BEACH, CHAVAKKAD TALUK, THRISSUR DISTRICT.
23SHAHID.K.M.,AGED 40 YEARSAGED 40 YEARS
S/O.SAIDU MOHAMMED, KOPPARA HOUSE, ANDATHODE P.O., CHAVAKKAD TALUK, THRISSUR DISTRICT.
24MUSTHALA.A.K.,
AGED 45 YEARSTHRISSUR DISTRICT.THRISSUR DISTRICT.
S/O.KUNJUMON, ANDAMOD HOUSE, CHAVAKKAD TALUK, BY ADV. SRI.RAJIT
BA 8790/2019
RESPONDENT/S:
STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
OTHER PRESENT:
SRI.T.R.RANJITH, 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
Petitioners are accused in Crime No.728/2019of Chavakkad Police Station for having allegedlycommitted offences punishable under Sections 143,145, 147, 148, 353 and 332 read with Section 149
IPC. The specific allegation is that thepetitioners had conducted a rally protesting theinvestigation of the death of one Punna Naushad,aCongressleader,allegedlybythe fundamentalist called SDPI.
2. According to the prosecution, the rallyand the protest turned violent which had to bequelled. The police applied force and in themelee some of the policemen were attacked withiron rods as a result of which they sustained
injuries. The learned Public Prosecutor hasproduced two wound certificates which indicatethat two of the policemen had sustainedcontusions measuring 2x2 cms and 4x2 cms,respectively. The policemen definitely did notsustain any serious or grievous injury. Thepetitioners have produced documents to show thateight of them had sustained injuries, some ofthem very serious, including fractures due togranite attack. The allegation of theprosecution is that force was used to dispersethe violent mob. However, the policemen did notsustain any serious injuries and the indicationis that the petitioners were conducting apolitical protest. There is no apprehension thatthey would not be available for interrogation orthat they will not co-operate with theinvestigation. They are all persons known to the police. It is submitted that they will co- operate with the investigation of the case.
Under the circumstances, I do not find that custodial interrogation of the petitioners isnecessary in this case. There is also nothing tobe recovered from them.
3. In the result, the Bail Application is allowed and it is directed that in the event of the petitioners being arrested, they shall bereleased on bail on their executing bond forRs.50,000/- (Rupees fifty thousand only) each with two solvent sureties, each for the like amount to the satisfaction of the investigating officer and on the following conditions:
i) They shall co-operate with the
investigation and shall not attempt or intimidateor influence the witnesses.
ii) They shall not get involved in similar BA 8790/2019
offences during the currency of the bail.
In the event of the petitioners breaching thebail conditions, the prosecution is at liberty tomovethejurisdictionalMagistrateforcancellation of the bail.
jg
Sd/-
ASHOK MENONJUDGE