Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 16TH DAY OF JANUARY 2013 26TH POUSHA 193 Bail Appl..No. 215 of 2013 (B) ----------------------------------------- [CRIME NO. 977/2012 OF KOLAVALLUR POLICE STATION , KANNUR DISTRICT] ............. PETITIONER/ACCUSED: ----------------------------------- 1. YAKOOB, S/O. MOOSA, AGED 4 YEARS, PEEDIKA YULLA PARAMBATHU, P.O.CENTRAL POYILOOR,KANNUR DISTRICT.
2. ABDULLA, S/O. MOOSA, AGED 4 YEARS, BETTIKKAL HOUSE, P.O.CENTRAL POYLOOR, KANNUR DISTRICT.
3. HANEEFA, S/O. MOOSA, AGED 3 YEARS, MATHATH HOUSE.
4. LATHEEF, S/O. MAMMI HAJI,AGED 2 YEARS, POTTANTAVIDA HOUSE, P.O.CENTRAL POYLOOR,KANNUR DISTRICT.
5. ABOOBACKAR @ ABBAS HAJI, S/O. AMMAD,AGED 5 YEARS, MATHATH HOUSE,P.O.CENTRAL POYLOOR, KANNUR DISTRICT.
6. MUSTAFA, S/O. MAHAMOOD, AGED 2 YEARS, PARAMMEL HOUSE, P.O.CENTRAL POYLOOR, KANNUR DISTRICT. BY ADVS.SRI.P.M.PAREETH, SRI.MOHAMMED SHAMEEL. RESPONDENT/RESPONDENT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, KOLAVALOOR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682 031. BY PUBLIC PROSECUTOR SMT. LALIZA .T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. P.BHAVADASAN, J.
--------------------------------------------- B.A. No.215 of 2013 --------------------------------------------- Dated this the 16th day of January, 2013 ORDER In respect of an incident which took place on 14.12.2012 at 1.45 p.m. in the court yard of Central Poyiloor Juma Masjid, two groups of persons fought against each other and persons on both sides suffered injuries. Two crimes have been registered viz., Crime No.976/2012 and 977/2012.
2. Pointing out that the petitioners are the de facto complainants in Crime No.976/2012, which is prior in point of time to the present crime, and also relying on injuries mentioned in the wound certificates, it is contended by the petitioners that they are the victims and the de facto complainants are actually the aggressors. It is further pointed out that the petitioners are innocent and have been falsely implicated. The petitioners, therefore, seek pre-arrest bail.
3. Learned Public Prosecutor very vehemently opposed the petition pointing out that the petitioners are equally guilty of the offences and they have used dangerous weapons causing injuries to two victims of which one of the victims suffered nasal bone fracture. According to him, compared to that, the injuries suffered by the petitioners are minor in nature and some of the B.A.No.215/2013 :2: petitioners are involved in several other crimes. It is further pointed out that the investigation is at an infant stage.
4. CD was made available for perusal. It appears from the CD that two groups fought against each other in the Juma Masjid. As rightly pointed out by the learned Public Prosecutor that persons on both sides suffered injury. Considering the nature of allegations, the manner in which the offences committed, weapons used, injuries caused, the fact that some of the petitioners are involved in several crimes of similar nature and also the fact that investigation is at an infant stage, preclude this Court from exercising the extraordinary jurisdiction in favour of the petitioners. The petition is accordingly dismissed.
5. However, if the petitioners are so advised, they may surrender before the Investigating Officer on or before 23.1.2013, who after interrogation shall produce them before the JFCM court concerned, which Court, on bail applications being moved by the petitioners, may dispose of the same in accordance with law. P.BHAVADASAN, Judge. okb.