Saddam Vs. State of Kerala

Saddam vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 05, 2014

~3 min read

https://sooperkanoon.com/case/1160389

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1160389
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Abraham Mathew
Decided On: Aug 05, 2014
Subject: Criminal

Case Summary

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

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Saddam

Respondent

State of Kerala

Excerpt

.....it is submitted that the petitioners have been in custody since 7.7.2014 and they may be released on bail.4. heard.5. the wound certificate of the first informant shows that he sustained a lacerated injury on the head. b.a. no.5771 of 2014 -2- 6. the learned public prosecutor submits that the first accused is absconding and releasing the petitioners on bail will affect the investigation. the weapons allegedly used by the petitioners have already been recovered.7. in these circumstances, i think their further detention is not necessary. in the result, this bail application is allowed with the following conditions:1. the petitioners will be released on bail on their executing a bond for rs.50,000/- (rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned magistrate concerned. 2) one of the sureties shall be one of the parents of the petitioners. 3) they shall appear before the investigating officer between 10.30 a.m. and 11 30. a.m. on every thursday for 3 months; or till the final report is filed, whichever is earlier. b.a. no.5771 of 2014 -3- 4) they shall not commit any offence while they are on bail. 5) they shall not influence the witnesses or intimidate them. if they violate any of the conditions, the court of the learned magistrate is empowered to cancel the bail in accordance with the law. sd/- k. abraham mathew judge //true copy// p.a. to judge shg/

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE5H DAY OF AUGUST201414TH SRAVANA, 1936 Bail Appl..No. 5771 of 2014 () ------------------------------- CRIME NO. 428/2014 OF MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT ----------------- PETITIONER(S)/A2 TO A6: -------------------------------------------- 1. SADDAM, AGED20YEARS, S/O.SHAJAHAN, KUZHIVILAVEEDU, NO.APII/435, NEAR CRPF CAMP, PALLIPPURAM P.O., THIRUVANANTHAPURAM.

2. RIYAS.A., AGED29YEARS, S/O.ABDUL GAFOOR, MECHERY VILAKOM VEEDU, AP/17/212, OOTTINKUZHI, MUZHUTHIRIYAVATTOM, NEAR CRPF CAMP, PALLIPPURAM P.O., THIRUVANANTHAPURAM.

3. ASHKAR.A., AGED22YEARS, S/O.ASHRAF, KUZHIYALAKKAL VEEDU, NEAR CRPF CAMP, PALLIPPURAM P.O., THIRUVANANTHAPURAM.

4. SHAMNAD.N., AGED22YEARS, S/O.NAJEEB, KUZHIYALAKKAL VEEDU, NEAR CRPF CAMP, PALLIPPURAM P.O., THIRUVANANTHAPURAM.

5. SHAFEEK, AGED31YEARS, S/O.BASHEER, EDAVILAKATHU VEEDU, NEAR THAMARAKULAM, PALLIPPURAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT/STATE: ------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MANGALAPURAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0508-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.5771 of 2014 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2014 ORDER

Petition filed under Section 439 Cr.P.C. The petitioners are accused Nos.2 to 6 in crime No.428/2014 of Mangalapuram Police Station, which has been registered for the offences under Sections 143, 147, 148, 308 and 324 r/w. Section149 IPC.

2. It is alleged that they along with the first accused formed themselves into an unlawful assembly and in prosecution of the common object of the unlawful assembly the first accused struck the first informant on the head with a chopper.

3. It is submitted that the petitioners have been in custody since 7.7.2014 and they may be released on bail.

4. Heard.

5. The wound certificate of the first informant shows that he sustained a lacerated injury on the head. B.A. No.5771 of 2014 -2- 6. The learned Public Prosecutor submits that the first accused is absconding and releasing the petitioners on bail will affect the investigation. The weapons allegedly used by the petitioners have already been recovered.

7. In these circumstances, I think their further detention is not necessary. In the result, this Bail Application is allowed with the following conditions:

1. The petitioners will be released on bail on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned. 2) One of the sureties shall be one of the parents of the petitioners. 3) They shall appear before the Investigating Officer between 10.30 a.m. and 11 30. a.m. on every Thursday for 3 months; or till the final report is filed, whichever is earlier. B.A. No.5771 of 2014 -3- 4) They shall not commit any offence while they are on bail. 5) They shall not influence the witnesses or intimidate them. If they violate any of the conditions, the court of the learned Magistrate is empowered to cancel the bail in accordance with the law. Sd/- K. ABRAHAM MATHEW JUDGE //True copy// P.A. TO JUDGE shg/

Same Court & Year Kerala · 2014 Same Parties Saddam vs State of Kerala Same Subject Criminal Same Judge Honourable Mr. Justice K.Abraham Mathew