Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 28TH DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944 BAIL APPL. NO. 1127 OF 2023 CRIME NO. 117 OF 2023 OF KATTAKADA POLICE STATION, THIRUVANANTHAPURAM PETITIONER/ACCUSED 1 TO 4:
1 NOWFAL AGED 20 YEARS, S/O. NASARUDEEN, RESIDING IN A RENTED HOUSE AT SALAM MANZIL, NEAR KATTAKKADA MARKET, THOTTAMBARA MURI, VEERANAKAVU VILLAGE FORM ROADARIKATHU KUNNIL VEEDU, UNDAPPARA DESOM, PERUMKULAM VILLAGE, PIN - 695102 2 BINOY AGED 20 YEARS, S/O. BINU, BINOY BHAVAN, S.N.NAGAR, KAILAYAM, MULAYAMCODE, THOTTAMBARA MURI, VEERANAKAVU VILLAGE, PIN - 695572 3 MANU AGED 22 YEARS, S/O. VINOD, POTTAYIL VEEDU, MULAYAMCODE DESOM, THOTTAMBARA MURI, VEERANAKAVU VILLAGE, PIN - 695572 4 ANU AGED 20 YEARS, S/O. VINOD, POTTAYIL VEEDU, CULAYAMCODE DESOM, THOTTAMBARA MURI, VEERANAKAVU VILLAGE, PIN - 695572 BY ADVS. SAIJO HASSAN BENOJ C AUGUSTIN RAFEEK. V.K. U.M.HASSAN AATHIRA SUNNY BINCY JOB SALMAN FARIS DEVI.R.SENS
RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR S SAGEETHA RAJ (PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Dated this the 28th day of February, 2023 This is a petition filed under Section 439 of the Code of Criminal Procedure, seeking bail and the petitioners are accused Nos.1 to 4 in crime No.117/2023 of Kattakada Police Station, Thiruvananthapuram.
2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor. Perused the case diary as such, placed by the learned Public Prosecutor.
3. The prosecution case is that, at about 2.30 pm on
26.01.2023, the accused herein formed into an unlawful assembly after sharing common intention with knowledge that they are all members of the said assembly, armed with deadly weapons, such as sword and sticks, with intention to do away the defacto complainant and in prosecution of their common object, the accused herein attacked the defacto complainant and others and thereby all of them sustained injuries, though they survived. Alleging so, crime was registered alleging commission of offences punishable under Sections 143, 147, 148, 149, 294(b), 341, 323, 324, 506(ii) and 307 of IPC as well as under Section 27 of the Arms Act.
4. The learned counsel for the petitioners would submit
that, the petitioners are innocent and a counter case also registered based on the same occurrence vide Crime No. 118/2023 alleging commission of offences punishable under Sections 294(b), 341, 323, 324 and 308 of IPC. Highlighting the custody of the petitioners from 27.01.2023 and the progress of the investigation, the learned counsel for the petitioners pressed for grant of bail.
5. Whereas the learned Public Prosecutor opposed grant
of bail and submitted that the prosecution case is well made out not only from the statements of the injured as well as the witnesses but by the medical records showing corresponding injuries sustained by Farook.M. (defacto complainant), Master Fahath and Rahmaniya M. Therefore, the learned Public Prosecutor opposed grant of bail at the primitive stage of investigation on the submission that the same would hamper the investigation.
6. On perusal of the case diary, the place of occurrence is
in front of the house of the defacto complainant and the allegation of the prosecution is that the defacto complainant and other two persons were attacked in front of the house of the defacto complainant and therefore the sanctity of the counter case is a matter of serious concern. On evaluation of the prosecution materials along with the Medical documents, the prosecution case is well made out. The wound certificate pertaining to Master Fahath, Rahmania.M. and Farook.M. would go to show that they sustained the following injuries:
1. complaint of pain over right shoulder and pain over thoracic spine region.
2. complaint of pain over anterior aspect of left breast, 3x3 cm contusion
3. complaint of pain over left elbow, lacerated wound over high occipital 4x1x0.5 cm.
7. In this matter, the petitioners have been in custody
from 27.01.2023. Taking note of the progress of the investigation, I am inclined to enlarge the petitioners on bail since further custody of the petitioners, who have no criminal antecedents, for the purpose of investigation, is not necessary. Therefore, this petition stands allowed. The petitioners are enlarged on bail on conditions: i. The petitioners shall be released on bail on executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court concerned. ii. The petitioners shall not intimidate the witnesses or tamper with evidence. They shall co-operate with the investigation and shall be available for trial. iii. The petitioners shall appear before the Investigating Officer as and when directed, apart from appearing before the Investigating Officer on all Mondays between 9 am and 10 am, for a period of one month. iv. The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer. v. The petitioners shall not involve in any other offence during the currency of bail and any such event, if reported, or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.
Sd/- A. BADHARUDEEN SK JUDGE