Ashiq vs State of Kerala

ASHIQ vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 28, 2023

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https://sooperkanoon.com/case/1351405

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Citation: sooperkanoon.com/1351405
Court: Kerala High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Apr 28, 2023
Case Number: Bail Appl./2736/2023

Parties & Advocates

Appellant / Petitioner

ASHIQ

Respondent

State of Kerala

Excerpt

.....of the indian penal code.2. the prosecution case is that, on 24.03.2023 at about 1.30 hours, the petitioner along with the other accused formedthemselves into an unlawful assembly, when a festival in ramapuram temple was going on and pushed the defacto complainant, who is a civil police officer, by catching hold of his uniform, thereby prevented him from discharging his official duties. the crime was registered in such circumstances. this application is submitted by the petitioner for anticipatory bail as he apprehended arrest3. heard sri. r.kishore (kallumthazham), the learned counsel appearing for the petitioner and sri. vipin narayan, the learned public prosecutor for the state.4. the learned counsel for the petitioner submits that the petitioner is innocent of all the allegations, and he was implicated as an accused due to political reasons. it is pointed out that there are some disputes in the political party to which he belongs andthe registration of the crime is part of the same. the learned counsel for the petitioner submits that he is prepared to abide by any conditions that may be imposed by this court and is willing to co-operate with the investigation.5. on the other hand, the learned public prosecutorwould oppose the aforesaid application. it is pointed out the petitioner is specifically named in the fir itself and there are allegations against him. the matter is under investigation. it is also pointed out that the petitioner is also involved in some other criminal cases.6. i have gone through the records. it is true that there areallegations against the petitioner, but it is evident from the records that no serious injuries were sustained by any of the persons. apparently, the incident occurred during the course of temple festival. in the facts and circumstances of the case, i do not find any necessity for custodial interrogation of the petitioner. therefore, i am of the view that the interest of justice would be served if the cooperation of the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 28TH DAY OF APRIL 2023 / 8TH VAISAKHA, 1945 BAIL APPL. NO. 2736 OF 2023 (CRIME NO.151 OF 2023 OF KAREEKULANGARA POLICE STATION, KAYAMKULAM DISTRICT) PETITIONER/SOLE ACCUSED ASHIQ AGED 23 YEARS S/O AJAYAN, RESIDING @ KIZHAKKAEBRAHMINIYIL, KARUVATTAMKUZHI, KAREELAKULANGARA.P.O, KAYAMKULAM, PIN - 690572 BY ADV R.KISHORE (KALLUMTHAZHAM) RESPONDENT/STATE 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER AGED 45 YEARS KAREELAKULANGARA POLICE STATION, KAYAMKULAM, PIN - 690572 BY PUBLIC PROSECUTOR SRI.VIPIN NARAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Dated this the 28th day of April, 2023 The petitioner is the sole accused in Crime No.151/2023 of Kareelakulangara Police Station. The offences alleged against the petitioner and 10 other identifiable persons are under Sections 143, 147, 149 and 353 of the Indian Penal Code.

2. The prosecution case is that, on 24.03.2023 at about 1.30 hours, the petitioner along with the other accused formed

themselves into an unlawful assembly, when a festival in Ramapuram Temple was going on and pushed the defacto complainant, who is a Civil Police Officer, by catching hold of his uniform, thereby prevented him from discharging his official duties. The crime was registered in such circumstances. This application is submitted by the petitioner for anticipatory bail as he apprehended arrest

3. Heard Sri. R.Kishore (Kallumthazham), the learned counsel appearing for the petitioner and Sri. Vipin Narayan, the learned Public Prosecutor for the State.

4. The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations, and he was implicated as an accused due to political reasons. It is pointed out that there are some disputes in the political party to which he belongs and

the registration of the crime is part of the same. The learned counsel for the petitioner submits that he is prepared to abide by any conditions that may be imposed by this Court and is willing to co-operate with the investigation.

5. On the other hand, the learned Public Prosecutor

would oppose the aforesaid application. It is pointed out the petitioner is specifically named in the FIR itself and there are allegations against him. The matter is under investigation. It is also pointed out that the petitioner is also involved in some other criminal cases.

6. I have gone through the records. It is true that there are

allegations against the petitioner, but it is evident from the records that no serious injuries were sustained by any of the persons. Apparently, the incident occurred during the course of temple festival. In the facts and circumstances of the case, I do not find any necessity for custodial interrogation of the petitioner. Therefore, I am of the view that the interest of justice would be served if the cooperation of the petitioner with the investigation is ensured. In such circumstances, this bail application is disposed of with the following directions:

(1) The petitioner shall surrender before the Investigating Officer, within a period of two weeks from today, for subjecting himself to interrogation.

(2) After interrogation, the petitioner shall be released on

bail on the very same day of surrender upon the petitioners executing a bond for `1,00,000/- (Rupees One Lakh only) each with two sureties each for the like sum, to the satisfaction of the Investigating Officer.

(3) The petitioner shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for the purpose of recovery, if any, as and when demanded.

(4) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m. every Saturday until the filing of the final report.

(5) The petitioner shall also appear before the Investigating Officer as and when required.

(6) The petitioner shall not commit any offence of similar nature while on bail.

(7) The petitioner shall not make any attempt to contact any

of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(8) The petitioner shall not leave the State of Kerala without the permission of the Jurisdictional Court. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.

Sd/- ZIYAD RAHMAN A.A. JUDGE smm APPENDIX OF BAIL APPL. 2736/2023 PETITIONER ANNEXURES Annexure:A1 THE TRUE COPY OF THE FIR IN CRIME NUMBERED AS 151/2023 OF KAREELAKULANGARA POLICE STATION

Same Court & Year Kerala · 2023 Same Parties ASHIQ vs State of Kerala Same Judge Honourable Mr.Justice Ziyad Rahman a.a.