Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945 BAIL APPL. NO. 7266 OF 2023 CRIME NO. 1581 OF 2023 OF VARKALA POLICE STATION, THIRUVANANTHAPURAM
PETITIONERS: 1 SHAKEER AGED 57 YEARS S/O MUHAMMED MOITHEEN, SULEKHA MANZIL, NEAR ARIVALAM JAMAATH, VETTOOR VILLAGE, VARKALA, THIRUVANANTHAPURAM, PIN - 695141 2 RABIYATH AGED 62 YEARS S/O MUHAMMED MOITHEEN, FIRDOUSE, NEAR ARIVALAM JAMAATH, VETTOOR VILLAGE, VARKALA, THIRUVANANTHAPURAM, PIN - 695141 3 NAZAR AGED 59 YEARS S/O MUHAMMED MOITHEEN, MULLIL, NEAR ARIVALAM JAMAATH, VETTOOR VILLAGE, VARKALA, THIRUVANANTHAPURAM, PIN - 695141 BY ADV LATHEESH SEBASTIAN
RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SRI.C.S.HRITHWIK-SR.PP B.A No. 7266 of 2023 2 THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A No. 7266 of 2023 3
ORDER
Dated this the 25th day of the August, 2023 This is an application filed u/s 439 of the Code of Criminal Procedure seeking regular bail.
2. The petitioners are the accused Nos. 1 to 3 in Crime
No.1581/2023 of VarkalaPolice Station, Thiruvananthapuram. Offences alleged against the petitioners are under Sections 294(b), 323, 324, 308 and 34 of Indian Penal Code.
3. The prosecution case is that, on 13.08.2023, at about
11.45 a.m, the petitioners assaulted the defacto complainant using pieces of hollow bricks, thereby causing injuries. The Crime was registered in such circumstances. As part of investigation, the petitioners were arrested on 15.08.2023. Since then, they have been under judicial custody. This application for regular bail is submitted in such circumstances.
4. Heard Sri. Letheesh Sebastian, learned counsel for the petitioners and Sri. C.S.Hrithwik, learned Public Prosecutor for the State.
5. I have carefully gone through the records. It is seen that
certain allegations against the petitioners. It is the specific case of B.A No. 7266 of 2023 4 the petitioners is that the incident occurred when the defacto complainant approached the 2nd petitioner and demanded brokerage for the marriage of the son of the 2nd petitioner. It is alleged that the defacto complainant abused the defacto complainant as well.
6. From the materials placed before this Court, it is seen that
the incident was not a premeditated one. None of petitioner have any criminal antecedents as well. In such circumstances, on considering the nature of allegations, the period of incarceration that the petitioners had undergone, and the stage of investigation, I am of the view that the petitioners can be granted bail with conditions. In the result, the application is allowed on the following conditions:-
(i) The petitioners shall be released on bail on
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 jurisdictional Court.
(ii) The petitioners shall fully cooperate with the investigation.
(iii) The petitioners shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Thursday until the filing of final report. B.A No. 7266 of 2023 5
(iv) The petitioners shall also appear before the investigating officer as and when required.
(v) The petitioners shall not commit any offence of similar nature while on bail.
(vi) 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.
(vii) 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 mtk