Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE2D DAY OF JANUARY201412TH POUSHA, 1935 Bail Appl..No. 8523 of 2013 () ---------------------------------------- CRIME NO. 448/2013 OF AREACODE POLICE STATION , MALAPPURAM ----------- PETITIONER/ACCUSED IN REMAND: --------------------------------------------------- MOHAMMED SHEREAF, AGED33YEARS, S/O. IBRAHIMKUTTY, KOODENTHODI HOUSE, VAVOOR, CHEAKKODE P.O., MALAPPURAM DISTRICT. BY ADVS.SRI.C.VATHSALAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENT/COMPLAINANT: -------------------------------------------- THE STATE OF KERALA, REP. BY (INSPECTOR OF POLICE MANJERY) REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0201-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ P.BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 8523 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 02nd day of January, 2014
ORDERThe petitioner is the sole accused in S.C. 548 of 2013 on the file of Sessions Court Manchery which arose out of crime No. 44 of 2013 of Areacode Police Station who is alleged to have committed the offence punishable under Section 302 of IPC.
2. The incident is said to have taken place in the midnight of 22.07.2013, when the petitioner along with his wife and children had gone to Calicut to purchase dress materials during Ramzan period. While returning home, the petitioner would say that the scooter on which they were travelling skid and fell into the ditch containing water and it so happened that even though he tried to save one of the children, except him, none of the other survived. Initially, a crime was registered for the offences punishable under Sections 279 and 304(A) of IPC. Later on, the offence was B.A. No.8523/2013 -2- changed to one under Section 302 of IPC.
3. The petitioner would say that he has not committed any voluntary act causing the death of the victims concerned and the incident happened due to the skidding of the vehicle and not due to deliberate act on his part. It is pointed out that the scooter was recovered from the ditch containing water and so also the petitioner too had fallen in the ditch containing water. At any rate, he has been in custody from 23.07.2013 onwards and his continued custody is unnecessary.
4. The learned Public Prosecutor opposed the petition and pointed out that it was a deliberate act committed by the petitioner to see that his wife and children do not survive and the final report has already been laid.
5. After having given anxious consideration to various aspects, it is too early for this Court to venture a finding regarding the veracity of the allegations against the petitioner. However, one cannot omit to note that initially, B.A. No.8523/2013 -3- the offence attributed to the petitioner were under Sections 279 and 304(A) of IPC. The final report has also been laid. There is no reason as to why the petitioner should continue under custody. The petition is allowed as follows: i) The petitioner shall be released on bail on his executing a bond for a sum of ` 25,000/- (Rupees Twenty Five thousand only) with two solvent sureties for the like sum each to the satisfaction of the Court concerned. ii) The court concerned shall ensure the identity of the sureties and also the veracity of the tax receipts before granting bail. iii) The petitioner shall appear before the Investigating Officer on every Friday between 9 am and 10 am till the conclusion of the trial of the case. B.A. No.8523/2013 -4- iv) The petitioner shall produce his original passport before the court concerned. If he is not having any valid passport, he should file an affidavit regarding the s ame before the court concerned. v) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. vi) The petitioner shall not leave the State of Kerala without prior permission of the court concerned. vii) If any of the conditions is violated, bail granted to the petitioner shall stand cancelled and the court concerned may take such steps as are available to it in accordance with law. P.BHAVADASAN JUDGE ds