Nizar Vs. State of Kerala

Nizar vs State of Kerala

Type Court Judgment Court Kerala Decided Jun 12, 2014

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https://sooperkanoon.com/case/1152093

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Citation: sooperkanoon.com/1152093
Court: Kerala High Court
Judge: Honourable Mr.Justice Thomas P.Joseph
Decided On: Jun 12, 2014
Subject: FERA

Case Summary

AI-generated summary - not the official court judgment text.

FERA

Key legal issue: FERA

Parties & Advocates

Appellant / Petitioner

Nizar

Respondent

State of Kerala

Excerpt

.....324 and 326 read with sec.149 of the indian penal code, apprehend arrest and have filed this application.2. learned public prosecutor has opposed the application. it is submitted that on 06.01.2014 at 2.00 p.m on account of enmity due to the de facto complainant filing a complaint against some of the petitioners in the police station, the petitioners stopped the autorokshaw driven by the de facto complainant and attacked him with stone and steel bangle causing fracture on the lateral wall of the maxilla and other injuries.3. learned counsel submitted that the allegations are not true.4. in the nature of the allegations made against petitioners 1 and 2, their request for pre-arrest bail cannot be allowed. but i am inclined to grant relief to petitioners 3 to 5 b.a. no. 2808 of 2014 -:2. :- since they are not alleged to have used any weapon. application is disposed of as under: i application filed by petitioners 1 and 2 is rejected leaving it open to them to appear before the officer investigating the case. in case they are arrested, they shall be produced before the jurisdictional magistrate as early as possible. ii (i) petitioners 3 to 5 shall surrender before the the officer investigating crime no.29 of 2014 of the pudunagaram police station on 18.06.2014 at 10.00 a.m for interrogation. (ii) if interrogation of petitioners 3 to 5 is not completed that day, they shall appear before the officer investigating the case on the day/days and time as directed by him which petitioners 3 to 5 shall comply. (iii) in case petitioners 3 to 5 are arrested, they shall be produced before the jurisdictional magistrate the same day. (iv) on such production, petitioners 3 to 5 shall be released (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: b.a. no. 2808 of 2014 -:3. :- (a) one.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH THURSDAY, THE12H DAY OF JUNE201422ND JYAISHTA, 1936 BAIL APPL..NO. 2808 OF2014() ------------------------------------------ CRIME NO. 29/2014 OF PUDUNAGARAM POLICE STATION , PALAKKAD PETITIONER(S)/ACCUSED: -------------------------------------- 1. NIZAR AGED27YEARS S/O.SHAIK DAWOOD, MOOPAPAN HOUSE, PITTUPEDIKA KODUVAYUR, PALAKKAD2 KAJA HUSSAIN AGED25YEARS S/O.MOHAMMED IQBAL, NAVAKKODE , PITTUPEDIKA KODUVAYUR, PALAKKAD3 ABDUL FAROOQ AGED26YEARS S/O.ABDU RAHIMAN, KATTINAMKADU, PITTUPEDIKA KODUVAYUR, PALAKKAD4 ABBAS AGED25YEARS S/O.MOHAMMED MOOSA, PITTUPEDIKA, KODUVAYUR PALAKKAD5 NAUSHAD AGED27YEARS S/O.BASHEER, PITTUPEDIKA, KODUVAYUR PALAKKAD BY ADV. SRI.T.K.SANDEEP RESPONDENT(S)/STATE: ------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, 682 031 BY PUBLIC PROSECUTOR SHRI V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1206.2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J.

==================================== B.A. No.2808 of 2014 ==================================== Dated this the 12th day of June, 2014 ORDER

Petitioners are accused 1 to 5 in Crime No.29 of 2014 of the Pudunagaram Police Station for the offences punishable under Sections 143, 147, 148, 341, 294(b), 323, 324 and 326 read with Sec.149 of the Indian Penal Code, apprehend arrest and have filed this application.

2. Learned Public Prosecutor has opposed the application. It is submitted that on 06.01.2014 at 2.00 p.m on account of enmity due to the de facto complainant filing a complaint against some of the petitioners in the police station, the petitioners stopped the autorokshaw driven by the de facto complainant and attacked him with stone and steel bangle causing fracture on the lateral wall of the maxilla and other injuries.

3. Learned counsel submitted that the allegations are not true.

4. In the nature of the allegations made against petitioners 1 and 2, their request for pre-arrest bail cannot be allowed. But I am inclined to grant relief to petitioners 3 to 5 B.A. No. 2808 of 2014 -:

2. :- since they are not alleged to have used any weapon. Application is disposed of as under: I Application filed by petitioners 1 and 2 is rejected leaving it open to them to appear before the Officer investigating the case. In case they are arrested, they shall be produced before the jurisdictional magistrate as early as possible. II (i) Petitioners 3 to 5 shall surrender before the the Officer investigating Crime No.29 of 2014 of the Pudunagaram Police Station on 18.06.2014 at 10.00 a.m for interrogation. (ii) If interrogation of petitioners 3 to 5 is not completed that day, they shall appear before the officer investigating the case on the day/days and time as directed by him which petitioners 3 to 5 shall comply. (iii) In case petitioners 3 to 5 are arrested, they shall be produced before the jurisdictional magistrate the same day. (iv) On such production, petitioners 3 to 5 shall be released (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: B.A. No. 2808 of 2014 -:

3. :- (a) One of the sureties shall be a close relative of any of petitioners 3 to 5. (b) Petitioners 3 to 5 shall report to the officer investigating the case on every alternate Saturday between 10.00 a.m and 12.00 p.m until final report is filed or for two months whichever is earlier. (c) Petitioners 3 to 5 shall report to the officer investigating the case as and when required for interrogation. (d) Petitioners 3 to 5 shall not get involved in any offence during the period of this bail. (e) Petitioners 3 to 5 shall not intimidate or influence the witnesses. (v) In case petitioners 3 to 5 violate any of conditions (b) to (e), it is open to the investigating Officer to move the learned magistrate for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR 2006 SC100. THOMAS P.JOSEPH, JUDGE. vsv

Same Court & Year Kerala · 2014 Same Parties Nizar vs State of Kerala Same Subject FERA Same Judge Honourable Mr.Justice Thomas P.Joseph