Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 3RD DAY OF AUGUST 2023 / 12TH SRAVANA, 1945 [CRIME NO.1062/2023 OF THOPPUMPADY POLICE STATION, ERNAKULAM] PETITIONER/ACCUSED NO.5: RASHEED @ ABDUL RASHEED, AGED 42 YEARS, S/O. KUNJAVARA, ERNAKULAM, PIN-682 002. BY ADVS. M.A.AHAMMAD SAHEER E.A.HARIS MUHAMMED YASIL RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682 031. SMT.V.SREEJA, SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-
ORDER
Dated this the 3rd day of August, 2023 This is an application filed u/s 439 of the Code of Criminal Procedure seeking regular bail.
2. The petitioner is the 5th accused in Crime
No.1062/2023 of Thoppumpady Police Station which was registered for the offences punishable under Sections 143, 148, 149, 341, 323, 324, 506(i) and 308 of the Indian Penal Code.
3. The prosecution case is that, on 08.06.2023 at
about 5.00 a.m., due to previous enmity towards the de facto complainant, the petitioner along with the other accused formed themselves into an unlawful assembly and attacked the de facto complainant with an iron rod, thereby causing injuries. The crime was registered in such circumstances and as part of the investigation, the petitioner was arrested on 09.07.2023. Since then, he has been under judicial detention. This application for regular bail is submitted in such circumstances.
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4. Heard Sri. M.A. Ahammad Saheer, learned counsel for the petitioner and Smt. Sreeja V., learned Public Prosecutor for the State.
5. I have carefully gone through the records. It is true
that, there are certain allegations against the petitioner. However, the fact remains that the petitioner has been in judicial custody since 09.07.2023 and there is substantial progress in the investigation. The recovery has already been effected. No criminal antecedents of the petitioner were brought to my notice. In such circumstances, I do not find any necessity of further incarceration of the petitioner.
6. In such circumstances, this bail application is allowed and the petitioner is directed to be released on bail subject to following conditions:
(i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall fully co-operate with the investigation.
(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 -4- a.m on every Thursday until the filing of final report.
(iv) The petitioner shall also appear before the investigating officer as and when required by him.
(v) The petitioner shall not commit any offence of similar nature while on bail.
(vi) 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.
(vii) The petitioner 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 bpr -5- APPENDIX OF BAIL APPL. 6273/2023 PETITIONER'S ANNEXURES Annexure A1 THE TRUE COPY OF THE ORDER DATED 24.07.72023 ON THE FILES OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOCHI Annexure A2 THE TRUE COPY OF THE ORDER DATED 21.06.2023 IN B.A. NO. 4698 OF 2023 ON THE FILES OF THIS HON'BLE COURT