Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 1ST DAY OF NOVEMBER 2023 / 10TH KARTHIKA, 1945 BAIL APPL. NO. 9310 OF 2023 CRIME NO.639/2023 OF VALLIKUNNAM POLICE STATION, ALAPPUZHA AGAINST THE ORDER IN CMP 2802/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS , KAYAMKULAM PETITIONER/ACCUSED: HAKKIM AGED 36 YEARS, S/O JAMAL KUNJU, THANASSERIL VILAYIL, KANNANAKUZHI VILLAGE, THAMARAKKULAM , ALAPPUZHA DISTRICT, PIN - 690505 BY ADVS. OMAR SALIM A.N.BIJU NEETHU S. ASHISH ABY DAVID RESPONDENTS/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 STATION HOUSE OFFICER, VALLIKUNNAM POLICE STATION, ELIPPAKULAM P.O., ALAPPUZHA DISTRICT, PIN - 690503 BY SRI. P.GM MANU (MAMMALASSERY), SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Dated this the 1st day of November, 2023 This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
2. The petitioner is the sole accused in Crime No.639/2023 of Vallikkunna, police station, Alappuzha, for having committed offences punishable under Sections 294(b), 323, and 324 r/w 308 of the Indian Penal Code.
3. The prosecution case is that, owing to the personal grudge
towards the defacto complainant as the defacto complainant questioned wrongful parking of the scooter of the accused person on 10.10.2023 at about 6.00 p.m, at the road near the house of the accused person, the accused person pushed the defacto complainant by uttering abusive language and hit the defacto complainant on the right side of his forehead by using an iron pipe causing an injury to the defacto complainant on his forehead. Further, the accused person hit the defacto complainant on his shoulder, chest and upper back by using the same iron rod and thereby committed the alleged offences.
4. The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 11.10.2023, and continued custody of the petitioner is unnecessary.
5. The learned Public Prosecutor opposed the petition.
6. After having considered the submissions of the learned
counsel for the petitioner and learned Public Prosecutor, taking into account the allegations against the petitioner and considering the fact that the injuries allegedly inflicted are not serious in nature, that he has been in custody since 11.10.2023 and since there is no apprehension raised by the prosecution that if released on bail the petitioner is likely to abscond, I hold that bail can be granted to the petitioner.
Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-
(i) The petitioner shall be released on bail on executing a bond for Rs.50000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;
(ii) The petitioner shall report before the Investigating Officer as and when directed;
(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;
(iv) The petitioner shall not leave the Country without the prior permission of the Court concerned.
(v) The petitioner shall not be involved in any other crime while on bail.
(vi) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law; Sd/- MOHAMMED NIAS C.P., JUDGE
mtk APPENDIX OF BAIL APPL. 9310/2023 PETITIONER ANNEXURES A TRUE COPY OF THE F.I.R IN CRIME NO. Annexure A1 641/2023 OF VALLIKUNNAM POLICE STATION, ALAPPUZHA DISTRICT DATED 11.10.2023 THE TRUE COPY OF THE DISCHARGE CARD OF Annexure A2 PETITIONER'S MOTHER FROM MEDICAL COLLEGE HOSPITAL, VANDANAM DATED 14-10-2023