Kerala High Court
Bail Appl./8797/2019 of SANOFAR NAHAS 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.8797 OF 2019 CRIME NO.1485/2019 OF Palarivattom Police Station , Ernakulam PETITIONERS/ACCUSED NOS. 1 TO 4: 1 SANOFAR NAHAS AGED 27 YEARS S/O.
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.8797 OF 2019
CRIME NO.1485/2019 OF Palarivattom Police Station ,Ernakulam PETITIONERS/ACCUSED NOS. 1 TO 4:
1SANOFAR NAHASAGED 27 YEARSS/O. NAHAS M.J, MEDAYIL HOUSE, DESHABHIMANI ROAD, PIN-682017, ERNAKULAM DISTRICT, 2SAJAAD NAHAS,AGED 26 YEARSS/O. NAHAS M.J, MEDAYIL HOUSE, DESHABHIMANI ROAD, PIN-682017, ERNAKULAM DISTRICT,3ANANTHAKRISHNAN,AGED 24 YEARSS/O. SUDHEER, ANANTHAPURATHIL HOUSE, GANAPATHI TEMPLE ROAD, VADUTHALA, PIN-682023, ERNAKULAM DISTRICT.
4SARATH KUMAR,AGED 32 YEARSS/O. MOHANAN, AISWARYA LANE, NORTH JANATHA ROAD, PALARIVATTOM, PIN-682025.
BY ADVS.SRI.S.RAJEEVSRI.K.K.DHEERENDRAKRISHNANSRI.V.VINAYSRI.D.FEROZESRI.K.ANAND (A-1921)
RESPONDENT/STATE:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031, (CRIME
NO.1485/2019 OF PALARIVATTOM POLICE STATION, ERNAKULAM DISTRICT)ERNAKULAM DISTRICT)
2STATION HOUSE OFFICER,
PALARIVATTOM POLICE STATION, ERNAKULAM
DISTRICT, (CRIME NO. 1485/2019 OF PALARIVATTOM
POLICE STATION, ERNAKULAM DISTRICT).
SMT.SREEJA.V., 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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ORDER
Dated this the 31st day of December 2019
The petitioners are accused Nos.1 to 4 inCrime No.1485/2019 of Palarivattom PoliceStation, for having allegedly committedoffences punishable under Sections 143, 144, 147, 148, 341, 308, 323, 324, 506 r/w Section149 of the IPC.
2. The allegation in brief is that, on23.11.2019 at about 5.00 PM, the motorcycledriven by the first accused collided with themotor cycle driven by the defacto complainant,which resulted in an altercation between themand scuffle which ensued, the defactocomplainant was allegedly assaulted by theaccused with a steel pipe, and thereby attemptedto commit culpable homicide not amounting tomurder. It is also pertinent to note that, when the police authorities had come, the accusedhad allegedly obstructed their performance ofduty. Resultantly, Crime No.1483/2019 ofPalarivattom Police station has registeredagainst the accused. They were however releasedon bail by the Jurisdictional Magistrate inthat case and the petitioners apprehend thatthey may be arrested in this case because thereis a sessions offence involved.
3. The learned Public Prosecutor has
produced the wound certificate of the injuredwhich indicate that, he had sustained only anabrasion on the left foot measuring 0.5 x 1 cmand he also had pain on the neck, nose andcheck. Injuries are not very life threateningand the court below will have to considerwhether offence under Section 308 is strictly attracted. The prosecution has not been able to point out any criminal antecedents of thepetitioners. Although it is submitted by thelearned Public Prosecutor that they areinvolved in drug peddling which was opposed bysome persons which resulted in this crime.
However, there is no material on record toprove the same. No custodial interrogation isfound essential. There is nothing to be recovered. Under the circumstances, thepetition is allowed.
In the event of the petitioners beingarrested, they shall be released on bail onexecution of bond for Rs.50,000/- (Rupees fiftythousand only) each with two solvent suretieseach for the like amount to the satisfaction ofthe Investigating Officer and on condition thatthey shall appear before the InvestigatingOfficer on every Saturdays between 10.00 a.m and 1.p.m until further orders or filing afinal report whichever is earlier. They shall not attempt to intimidate or influence
witnesses. In case of breach of any of the bailcondition, the prosecution shall be at libertyto apply for cancellation of bail before theJurisdictional Magistrate.
SPK
Sd/-
ASHOK MENON
JUDGE