Najeeb vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 01, 2023

~4 min read

https://sooperkanoon.com/case/1375452

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/1375452
Court: Kerala High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Aug 01, 2023
Case Number: Bail Appl./5990/2023

Parties & Advocates

Appellant / Petitioner

Najeeb

Respondent

State of Kerala

Excerpt

.....petitioners are accused nos.3 to 7 in crime no.928 of 2023 of pathanapuram police station. offences alleged against the petitioners are under sections 143, 147, 148, 294(b), 332, 353, 447 and 149 ipc.3. the prosecution case is that, while the de factocomplainant was working as security officer of state farming corporation of kerala, on 10.07.2023 at 2.30 pm, the manager got an information that some people are gathered and they started an alcohol party at puli ayyam place which part of the estate of corporation. the de facto complainant was sent there to look into the said aspect. when the de facto complainant reached the above place, the accused persons assaulted him and destroyed his name board and badge and thereby obstructed the discharge of duties. crime was registered in such circumstances and as the petitioners apprehends arrest in connection with the investigation, this application for anticipatory bail is submitted.4. heard sri.nahas s., learned counsel for the petitioners and smt.seetha s., learned senior public prosecutor for the b.a.no.5990/23 4 state.5. i have carefully gone through the records. it is truethat there are certain allegations against the petitioners. however, no serious injuries were sustained by the de facto complainant. no criminal antecedents of the petitioners were brought to the notice of this court. in such circumstances, taking note of the nature of allegations and other relevant aspects, i am of the view that custodial interrogation of the petitioners may not be necessary. limited custody for the purpose of interrogation would serve the purpose. in the result, this bail application is allowed subject to following conditions:(i) the petitioners shall surrender before the investigating officer, within a period of two weeks from today, for subjecting themselves for interrogation.(ii) after interrogation, the petitioners shall bereleased on bail, on the very same day of surrender upon the petitioners executing a bond for rs.....

Full Judgment

B.A.No.5990/23 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 BAIL APPL. NO. 5990 OF 2023 PETITIONER/ACCUSED: 1 NAJEEB, AGED 42 YEARS, S/O.ABDUL AZEEZ,PLAVILA VEEDU,NADUMPURUPPU,PATHIRICKAL P.O,PATHANAPURAM KOLLAM DISTRICT,KERALA, PIN - 689 695. 2 SIDHIK, AGED 40 YEARS, S/O.SALIM, MUTHIKONAM MULAMOOTTIL , NADUMPURUPPU,PATHIRICKAL P.O,PATHANAPURAM, KOLLAM DISTRICT, KERALA, PIN - 689 695. 3 KASIM S, AGED 43 YEARS, S/O.SAYYID MUHAMMED,AGED 43 YEARS, MUTHIKONAM MULAMOOTTIL , NADUMPURUPPU, PATHIRICKAL P.O,PATHANAPURAM KOLLAM DISTRICT, KERALA, PIN - 689 695. 4 SHAMEER K, AGED 35 YEARS, S/O.SULFATH A,PARAVILA PUTHEN VEEDU NADUMPURUPPU,PATHIRICKAL P.O, PATHANAPURAM, KOLLAM DISTRICT, KERALA, PIN - 689 695. 5 MUHAMMED SHAN AGED 37 YEARS S/OSHEREEF ,PLAVILA KIZHAKKETHIL, NADUMPURUPPU,PATHIRICKAL P.O,PATHANAPURAM KOLLAM DISTRICT,KERALA, PIN - 689695

BY ADV.NAHAS H. B.A.No.5990/23 2 RESPONDENTS/COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX SMT.SEETHA.S-SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.5990/23 3

ORDER

This is an application filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.

2. The petitioners are accused Nos.3 to 7 in Crime No.928 of 2023 of Pathanapuram Police Station. Offences alleged against the petitioners are under Sections 143, 147, 148, 294(b), 332, 353, 447 and 149 IPC.

3. The prosecution case is that, while the de facto

complainant was working as security officer of State Farming Corporation of Kerala, on 10.07.2023 at 2.30 PM, the manager got an information that some people are gathered and they started an alcohol party at Puli Ayyam Place which part of the estate of corporation. The de facto complainant was sent there to look into the said aspect. When the de facto complainant reached the above place, the accused persons assaulted him and destroyed his name board and badge and thereby obstructed the discharge of duties. Crime was registered in such circumstances and as the petitioners apprehends arrest in connection with the investigation, this application for anticipatory bail is submitted.

4. Heard Sri.Nahas S., learned counsel for the petitioners and Smt.Seetha S., learned Senior Public Prosecutor for the B.A.No.5990/23 4 State.

5. I have carefully gone through the records. It is true

that there are certain allegations against the petitioners. However, no serious injuries were sustained by the de facto complainant. No criminal antecedents of the petitioners were brought to the notice of this Court. In such circumstances, taking note of the nature of allegations and other relevant aspects, I am of the view that custodial interrogation of the petitioners may not be necessary. Limited custody for the purpose of interrogation would serve the purpose. In the result, this bail application is allowed subject to following conditions:

(i) The petitioners shall surrender before the Investigating officer, within a period of two weeks from today, for subjecting themselves for interrogation.

(ii) After interrogation, the petitioners shall be

released on bail, on the very same day of surrender upon the petitioners executing a bond for Rs 1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum, to the satisfaction of the investigating officer.

(iii) The petitioners shall fully cooperate with the investigation, including subjecting themselves to B.A.No.5990/23 5 the deemed police custody for the purpose of recovery, if any, as and when demanded.

(iv) The petitioners shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Monday until filing of final report.

(v) The petitioners shall also appear before the investigating officer as and when required.

(vi) The petitioners shall not commit any offence of similar nature while on bail.

(vii) The petitioners 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. (viii) The petitioners shall not leave India without the permission of the trial 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 DG/3.8.23 B.A.No.5990/23 6 APPENDIX OF BAIL APPL. 5990/2023 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF FIR

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