Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH THURSDAY, THE27H DAY OF MARCH20146TH CHAITHRA, 1936 BAIL APPL. NO. 2124 OF2014() ------------------------------- CRIME NO.456/2014 OF CHAVAKKAD POLICE STATION, THRISSUR ------------------------------- PETITIONER(S)/ACCUSED1TO5: ----------------------------- 1. ASHKAR, AGED28YEARS, S/O.MOIDU, PALAKKAL HOUSE, EDAKUZHIYOOR P.O., CHAVAKKAD, THRISSUR.
2. SAIFUDHEEN, AGED25YEARS, S/O.MOHAMMEDALI, KOLAPARAMBIL HOUSE, EDAKAZHIYOOR P.O. CHAVAKKAD, THRISSUR.
3. RAMSHEED, AGED25YEARS, S/O.NOORUDHEEN, THAYYIL HOUSE, EDAKAZHIYOOR P.O. CHAVAKKAD, THRISSUR.
4. FIROZ KHAN, AGED24YEARS, S/O.SULAIMAN, SINNLIL HOUSE, EDAKAZHIYOOR P.O. CHAVAKKAD, THRISSUR.
5. MOHAMMED ISMAIL, AGED24YEARS, S/O.UMMAR, MALIYEKKAL HOUSE, EDAKAZHIYOOR P.O. CHAVAKKAD, THRISSUR. BY ADV. SRI.K.I.SAGEER IBRAHIM RESPONDENT(S)/STATE : --------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE [F.I.R.NO.456/2014] CHAVAKKAD POLICE STATION CHAVAKKAD, THRISSUR DISTRICT REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2703-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: NS THOMAS P. JOSEPH, J.
-------------------------------- Bail Appl. No.2124 of 2014 -------------------------------------------- Dated this the 27th day of March 2014 ORDER
Petitioners are accused nos.1,3,2,4 and 5 respectively in Crime No.456 of 2014 of the Chavakkad Police station for the offences punishable under Secs.143, 147, 148, 341, 323, 324 and 308 read with Sec.149 of the Indian Penal Code, apprehend arrest and have filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 28.02.2014 at about 9 p.m., these accused and others who belong to the SDPI attacked the defacto complainant who belong to another political party at the Varandah of a tea shop and inflicted injuries. The 1st accused assaulted the defacto complainant with wooden log while others kicked and assaulted him. The 1st accused is involved in two other crimes including proceeding under Sec.107 of the Cr.P.C. Accused nos.4 and 5 are involved in one other crime each. Bail Appl. No.2124 of 2014 2 3. Learned counsel submits that the allegations are not true. It is also submitted that the weapon allegedly used is a dried fire wood log.
4. Since accused nos.2 and 3 are not reported to be involved in any other case and having regard to their role in the alleged incident, I am inclined to grant relief to them but not to accused nos.1, 4 and 5 having considered their role and antecedents as well. The application is disposed of as under. I. Request for pre arrest bail made by accused nos.1,4 and 5 in Crime No.456 of 2014 of the Chavakkad Police station is rejected. II. Accused nos.2 and 3 shall surrender before the officer investigating Crime No.456 of 2014 of the Chavakkad Police station on 03.04.2014 at 10.00 am for interrogation. III. In case interrogation of accused nos.2 and 3 is not completed that day, it is open to the investigating officer to direct presence of accused nos.2 and 3 on any other day/days and Bail Appl. No.2124 of 2014 3 time which they shall comply. IV. After interrogation, in case arrest of the accused nos.2 and 3 is recorded, they shall be produced before the jurisdictional magistrate the same day.
4. On such production learned magistrate shall release accused nos.2 and 3 on bail ( if not required to be detained otherwise) on their executing bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions: a) One of the sureties shall be a close relative of any of accused nos.2 and 3. b) Accused nos.2 and 3 shall report to the officer investigating Crime No.456 of 2014 of the Chavakkad Police station on every alternate Saturday between 10.00 am and 12.00 pm for a period of two months or until filing of the final Bail Appl. No.2124 of 2014 4 report, whichever is earlier. c) Accused nos.2 and 3 shall report to the investigating officer as and when required for interrogation. d) Accused nos.2 and 3 shall not get involved any offence during the period of this bail. e) Accused nos.2 and 3 shall not influence or intimidate the witnesses. f) In case any of condition nos.(b) to (e) is violated, it is open to the investigating officer to file application before the learned magistrate (until committal if any, and thereafter before the learned Sessions Judge, concerned) for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC100. Sd/- THOMAS P. JOSEPH JUDGE NS