Firoz vs State of Kerala

FIROZ vs State of Kerala

Type Court Judgment Court Kerala Decided May 02, 2023

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https://sooperkanoon.com/case/1353996

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Citation: sooperkanoon.com/1353996
Court: Kerala High Court
Judge: Honourable Mr.Justice K. Babu
Decided On: May 02, 2023
Case Number: Bail Appl./2954/2023

Parties & Advocates

Appellant / Petitioner

FIROZ

Respondent

State of Kerala

Excerpt

.....offences alleged against the petitioner are punishable under sections 323, 324, 326, 367, 308, 506 and 34 of the indian penal code.3. the prosecution case is that the petitioner and the otheraccused formed themselves into an unlawful assembly and voluntarily caused grievous hurt to the defacto complainant. they have committed the above acts in furtherance of their common intention and with the knowledge that if they by that act caused death of the defacto complainant, they would be guilty of culpable homicide not amounting to murder. b.a.no.2954 of 2023 34. the petitioner was arrested on 3.3.2023 and has been in judicial custody since 4.3.2023.5. heard the learned counsel for the petitioner and the learned public prosecutor.6. the learned counsel for the petitioner submitted that no specific overt act has been alleged against the petitioner.7. the learned public prosecutor opposed the bail plea of the petitioner.8. the materials made available would reveal that the investigation is in the final stage. this court is of the view that further incarceration of the petitioner is not required.9. having regard to the nature of the allegations, stage of theinvestigation and the tenure of judicial custody undergone by the petitioner, i am of the view that the petitioner is entitled to be released on bail on conditions. in the result, the bail application is allowed as follows:(a) the petitioner shall be released on bail on his executing bond for rs.50,000/ (rupees fifty thousand only) with two solvent sureties each for the like sum b.a.no.2954 of 2023 4 to the satisfaction of the jurisdictional court.(b) the petitioner shall appear before the investigating officer on all mondays and fridays between 10 a.m. and 11 a.m. for a period of three months or till the final report is filed, whichever is earlier.(c) the petitioner shall not try to influence the prosecution witnesses or attempt to tamper with the evidence. sd/- k.babu, judge ab

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 2ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945 BAIL APPL. NO. 2954 OF 2023 CRIME NO.344/2023 OF Mattancherry Police Station, Ernakulam PETITIONER/ACCUSED FIROZ AGED 32 YEARS S/O. RAFEEQ, C C 5/438, PANACHIKKAPARAMBIL, PUTHIYA ROAD, KOCHI, PIN - 682002 BY ADV D.LEEMA ROSY RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY SMT.BINDU.O.V.-PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA. NO.2954 OF 2023 2 K.BABU, J ------------------------------------------- B.A.No.2954 of 2023 -------------------------------------------- Dated this the 2nd day of May, 2023

O R D E R

This is an application filed under Section 439 of the Code of Criminal Procedure.

2. The petitioner is accused No.5 in Crime No.344/2023 of

Mattancherry Police Station. The offences alleged against the petitioner are punishable under Sections 323, 324, 326, 367, 308, 506 and 34 of the Indian Penal Code.

3. The prosecution case is that the petitioner and the other

accused formed themselves into an unlawful assembly and voluntarily caused grievous hurt to the defacto complainant. They have committed the above acts in furtherance of their common intention and with the knowledge that if they by that act caused death of the defacto complainant, they would be guilty of culpable homicide not amounting to murder. B.A.No.2954 of 2023 3

4. The petitioner was arrested on 3.3.2023 and has been in judicial custody since 4.3.2023.

5. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

6. The learned counsel for the petitioner submitted that no specific overt act has been alleged against the petitioner.

7. The learned Public Prosecutor opposed the bail plea of the petitioner.

8. The materials made available would reveal that the investigation is in the final stage. This Court is of the view that further incarceration of the petitioner is not required.

9. Having regard to the nature of the allegations, stage of the

investigation and the tenure of judicial custody undergone by the petitioner, I am of the view that the petitioner is entitled to be released on bail on conditions. In the result, the Bail Application is allowed as follows:

(a) The petitioner shall be released on bail on his executing bond for Rs.50,000/ (Rupees Fifty Thousand Only) with two solvent sureties each for the like sum B.A.No.2954 of 2023 4 to the satisfaction of the jurisdictional court.

(b) The petitioner shall appear before the Investigating Officer on all Mondays and Fridays between 10 A.M. and 11 A.M. for a period of three months or till the final report is filed, whichever is earlier.

(c) The petitioner shall not try to influence the prosecution witnesses or attempt to tamper with the evidence. Sd/- K.BABU, JUDGE ab

Same Court & Year Kerala · 2023 Same Parties FIROZ vs State of Kerala Same Judge Honourable Mr.Justice K. Babu