Full Judgment
BAIL APPL. NO. 6215 OF 2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 7TH DAY OF AUGUST 2024 / 16TH SRAVANA, 1946 BAIL APPL. NO. 6215 OF 2024 CRIME NO.369/2024 OF KUNNAMANGALAM POLICE STATION, KOZHIKODE AGAINST THE ORDER/JUDGMENT DATED 26.06.2024 IN CRMC NO.975 OF 2024 OF DISTRICT COURT & SESSIONS COURT,KOZHIKODE PETITIONER: ABOBACKER SIDHIK, AGED 19 YEARS S/O SHAJAHAN, GLOBEL APARTMENT , KUNNAMANGALAM(P.O), PIN - 673551 BY ADV BIJU.P.N. RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SR PP SMT PUSHPALATHA M K THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.08.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BAIL APPL. NO. 6215 OF 2024 2 Dated this the 7th day of August, 2024
ORDER
The application is filed under Section 438 of the Code of Criminal Procedure, 1973(‘Code’, for the sake of brevity), for an order of pre-arrest bail. 2.The petitioner is the 4th accused in Crime No.369/2024 of the Kunnamangalam Police Station, Kozhikode, which is registered against the accused for allegedly committing the offences punishable under Sections 143, 147, 341, 323, 324 and 149 of the Indian Penal Code, 1860 (IPC). Subsequently, Section 326 of the IPC was incorporated. 3.The crux of the prosecution case is that: on 13.05.2024, at around 19.30 hours, the accused, in prosecution of their common intention, had wrongfully restrained the de facto complainant and the first accused using a key attacked the de facto complainant BAIL APPL. NO. 6215 OF 2024 3 and he suffered a fracture injury on his scalp. The other accused assaulted the de facto complainant with their hands and also facilitated the first accused to commit the above act. Thus, the accused have committed the above offences. 4.Heard; Sri. Biju P.N., the learned counsel appearing for the petitioner and Smt. Pushpalatha M.K., the learned Senior Public Prosecutor. 5.The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. There is no material to substantiate that the petitioner has committed the offence under Section 326 of the IPC, which is only the non-bailable offence. The specific overt act is alleged against the first accused, who assaulted the de facto complainant and he suffered a fracture on his scalp. The allegation against the petitioner is that he facilitated the first accused to commit the above offences. The petitioner’s custodial interrogation is not BAIL APPL. NO. 6215 OF 2024 4 necessary, and no recovery is to be effected. Hence, the application may be allowed. 6.The learned Public Prosecutor opposed the application. She submitted that the investigation is in
progress. She also stated that if the petitioner is granted an order of pre-arrest bail, it may hamper the investigation. Hence, the application may be dismissed. Nonetheless, she did not dispute the fact that the specific overt act is attributed against the first accused, who assaulted the de facto complainant with a key and he suffered a fracture on his scalp.
7. On an overall consideration of the fact, the rival submissions made across the Bar, and the materials placed on record, particularly on considering
the fact that the specific overt act of committing the offence under Section 326 of the IPC is attributed against the first accused, though that is a matter to be investigated and decided at the time of trial, and the allegation against the petitioner is that he had assisted BAIL APPL. NO. 6215 OF 2024 5 the first accused in committing the above offence against the de facto complainant, I am satisfied that the petitioner has made out valid grounds to invoke the extraordinary jurisdiction of this Court under Section 438 of the Code. Hence, I am inclined to allow the application; subject to the condition that the petitioner co-operates with the Investigating Officer. In the result, the application is allowed subject to the following conditions: (i)The petitioner is directed to surrender before the Investigating Officer within 10 days from today. (ii)In the event of the petitioner’s arrest, the Investigating Officer shall release the petitioner on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like amount each; (iii)The petitioner shall appear before the Investigating Officer for interrogation, as and when directed by the Investigating Officer. BAIL APPL. NO. 6215 OF 2024 6 (iv)The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever; (v)The petitioner shall surrender his passport before the jurisdictional court concerned within a period of one week from the date of his release on bail. If he has no passport, he shall file an affidavit to the effect before the said court within the said period; (vi)The petitioner shall not get involved in any other offence while on bail;
(vii) In case of violation of any of the
conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law. (viii)Applications for deletion/modification of the BAIL APPL. NO. 6215 OF 2024 7 bail conditions shall also be filed before the court below.
(ix) Needless to mention, it would be well within
the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) And another [2020 (1) KHC 663].
(x) The observations made in this order are
only for the purpose of considering the application and the same shall not be construed as an expression on the merits of the case to be decided by competent Courts. SD/- C.S.DIAS,JUDGE rmm/7/8/2024