Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH MONDAY, THE14H DAY OF JULY201423RD ASHADHA, 1936 Bail Appl..No. 5154 of 2014 () ------------------------------- CMP43742014 of J.M.F.C.,PAYYANNUR CRIME NO. 346/2014 OF PAYANGADI POLICE STATION ------------ PETITIONER(S)/ACCUSED NO.1: ---------------------------------------------------- MUHAMMED NIYAD @ NIYAD AGED22YEARS S/O. MOIDU, MULLANTAKATH, BEACH ROAD PUTHIYANGADI, KANNUR DISTRICT. BY ADVS.SRI.O.V.MANIPRASAD SRI.JOLLY GEORGE RESPONDENT(S)/COMPLAINANT :- ------------------------------ STATE OF KERALA (THE SUB INSPECTOR OF POLICE PAYANGADI POLICE STATION, CRIME NO.346/2014) REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031. BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1407-2014 ALONG WITH B.A.No.5155/2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J.
~~~~~~~~~~~~~~~~ B.A. Nos.5154 & 5155 of 2014 ~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of July 2014 ORDER
These applications are preferred by the petitioner seeking bail in Crime Nos.346 of 2014 and 240 of 2014 respectively, of the Payangadi Police Station. Crime No.346 of 2014 is registered for offences punishable under Secs.143, 147, 148, 452, 341, 323, 324, 308 and 506(i) read with Sec.149 of IPC on the allegation that on 28.5.2014 at about 1.50 a.m., the petitioner and others trespassed into the hospital of the de facto complainant and attacked him with iron rod, etc. Learned Public Prosecutor submits that petitioner, who is the first accused in Crime No.346 of 2014 used the iron rod and that weapon has not reported to be recovered.
2. Crime No.240 of 2014 is registered for offences punishable under Secs.143, 147, 148, 341, 323, 324, 308 B.A. Nos.5154 & 5155 of 2014 -:
2. :- and 506(i) read with Sec.149 of IPC. The allegation is that on 15.4.2014 while the de facto complainant and another were riding a motorcycle, petitioner and others attacked him with a granite stone etc. Petitioner is the 4th accused in Crime No.240 of 2014. Learned Public Prosecutor submits that the granite stone used by the first accused is recovered.
3. Learned counsel submits that the allegations are not true. These cases are falsely registered at the influence of the de facto complainant in Crime No.346 of 2014 against whom there are serious allegations of child abuse. It is submitted that some of the accused in Crime No.346 of 2014 are granted pre-arrest bail by this Court as per order dated 3.7.2014 in B.A.No.4130 of 2014. Some of the accused in Crime No.240 of 2014 are granted pre-arrest bail by this Court as per order dated 12.6.2014 in B.A.No.3973 of 2014. Learned counsel relying on Annexure I submits that petitioner is suffering from Vertebral Tuberculosis and is undergoing treatment. He has to continue the treatment. B.A. Nos.5154 & 5155 of 2014 -:
3. :- 4. While disposing of B.A.No.4130 of 2014, I directed that investigation be conducted by the Circle Inspector of Police, Thaliparamba. Learned Public Prosecutor submitted that the said officer has taken up investigation of the case.
5. So far as Crime No.240 of 2014 is concerned, further detention of the petitioner is not required as no recovery is to be made at his instance. Hence, I am inclined to grant him relief in that case.
6. So far as Crime No.346 of 2014 is concerned, I am inclined to grant relief to the petitioner, but from a future date since the investigation is not completed and the iron rod allegedly used by the petitioner is yet to be recovered. Applications are allowed as under :- (i) Petitioner is granted bail in Crime Nos.240 of 2014 and 346 of 2014 of Payangadi Police Station and shall be released on bail (if not required to be detained otherwise) on his executing a bond for 25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for the like sum B.A. Nos.5154 & 5155 of 2014 -:
4. :- each to the satisfaction of the jurisdictional magistrate and subject to the following conditions :- (a) One of the sureties shall be a close relative of the petitioner. (b) Petitioner shall report to the Circle Inspector of Police, Thaliparamba on every Saturday between 10 a.m. and 12 p.m. for a period of two months or until final report is filed, whichever is earlier. (c) Petitioner shall report to the officer(s) investigating the cases as and when required for interrogation. (d) Petitioner shall not get involved in any offence during the period of this bail. (e) Petitioner shall not intimidate or influence the witnesses. (f) In case the petitioner violates any of conditions (b) to (e), it is open to the investigating officer to move the learned magistrate until committal of the cases if any and B.A. Nos.5154 & 5155 of 2014 -:
5. :- thereafter before the Principal Sessions Judge concerned for cancellation of the bail as held in P.K.Shaji v. State of Kerala [AIR2006SC100. It is directed that so far as Crime No.346 of 2014 is concerned, the order granting bail will take effect only from 19.7.2014. Sd/- THOMAS P. JOSEPH, JUDGE. //TRUE COPY// P.A. TO JUDGE Jvt